Commonwealth of Australia Explanatory Memoranda

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PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) AMENDMENT BILL 1997

1997



The Parliament of the Commonwealth of Australia

House of Representatives









Public Employment (Consequential and Transitional) Amendment Bill 1997





Explanatory Memorandum





(Circulated by Authority of the Minister for Industrial Relations and the
Minister Assisting the Prime Minister for the Public Service,
the Honourable Peter Reith, MP)

88883 Cat. No. 96 9233 9 ISBN 0644 50527 3







Cat. No. ISBN

CONTENTS

Financial Impact Statement 1
CTA Bill 1

Notes on Clauses 2

Part 1 – Preliminary 2

Clause 1 - Short title 2
Clause 2 - Commencement 2

Part 2 – Repeals and amendments 3

Clause 3 - Schedules 3

Staffing provisions 3
Obsolete references to the PSB 4
References to 1922 PSA s.87E 5
Superannuation legislation 5
Remuneration and allowances 6
Reciprocal mobility 6
Part IV Mobility 7
Default Translation Table 7
Merit Protection (Australian Government Employees) Act 1984 8
Miscellaneous 8

Part 3 – Transitional provisions 9

Clause 4 - Interpretation 9

Agency 9
Agency Head 9
APS employee 9
Classification 9
Code of Conduct 9
Commencing time 9
Continuing employee 9
Continuing SES officer 10
Core Department 10
Corresponding Agency 10
Disciplinary direction 10
Eligible public employment 10
First-tier person 10
Fixed term Secretary 11
Fixed term SES Officer 11
Locally-engaged employee 11
Merit Protection Act 11
New Act 11
New Act Department 11
New Act Secretary 11
Non-SES Officer 11
Old Act 11
Old Act Department 12
Old Act employee 12
Old Act officer 12
Overseas-engaged employee 12
Parliamentary Department 12
Precommencement misconduct 12
Second-tier person 12
Statutory Agency 13
Statutory instrument 13
Term employee 13
Transitional s.82D determination 13
Transitional period 13
Unattached Secretary 14

Clause 5 - Conversion of officers, employees etc. 14

Fixed-term Secretaries 14
Public Service Commissioner 14
Fixed-term SES Officer 14
Continuing SES Officer 14
Non-SES Officer 14
Term Employees 14
Continuing Employees 15
Overseas-Engaged Employees 15
Application of PS Bill 15

Clause 6 - Rights under Part IV of 1922 PSA – first tier 15

Current law on officer’s mobility 15
Transitional arrangements – first tier 18
Transitional arrangements – leave credits 18
Transitional arrangements – resignation 19
Transitional arrangements – LWOP 19

Clause 7 - Rights under Part IV of 1922 PSA – second tier 19

Gazette access 19
Right of re-engagement 19
Leave credits 20

Clause 8 - Retirement and redeployment of Secretaries 20

Current law 20
Transitional arrangements 21

Clause 9 - Determinations under s.82D of the old Act 21

Current law 21
Transitional arrangements 21

Clause 10 - Misconduct 22

Current law 22
Transitional arrangements 22

Clause 11 - Secretaries of Core Departments 22

Transitional arrangements 22

Clause 12 - Parliamentary Departments 22

Current law 22
Transitional arrangements 23

Clause 13 - References to ‘officer’ etc. 23

Clause 14 - Regulations 24

Transitional and savings 24
Consequential amendments 24
Commencement of regulations 24
Other regulation-making powers 24

Schedule 1 – Repeals and Amendments 26

Aboriginal and Torres Strait Islander Commission Act 1989 26
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 26
Aboriginal Councils and Associations Act 1976 27
Aboriginal Land Rights (Northern Territory) Act 1976 27
Acts Interpretation Act 1901 27
Administrative Appeals Tribunal Act 1975 27
Administrative Arrangements Act 1987 27
Administrative Decisions (Judicial Review) Act 1977 27
Affirmative Action (Equal Opportunity for Women) Act 1986 28
Agricultural and Veterinary Chemicals (Administration) Act 1992 28
Agricultural and Veterinary Chemicals Products (Collection of Interim Levy) Act 1994 28
Aircraft Noise Levy Collection Act 1995 28
Airline Equipment (Loan Guarantee) Act 1972 28
Airline Equipment (Loan Guarantee) Act 1976 28
Airline Equipment (Loan Guarantee) Act 1977 28
Airline Equipment (Loan Guarantee) Act 1978 28
Airline Equipment (Loan Guarantee) (No. 2) Act 1978 29
Airline Equipment (Loan Guarantee) Act 1980 29
Airline Equipment (Loan Guarantee) Act 1981 29
Airports Act 1996 29
Air Services Act 1995 29
Albury-Wodonga Development Act 1973 29
ANL Guarantee Act 1994 29
Anti-Dumping Authority Act 1988 29
Archives Act 1983 30
Audit Act 1901 30
Auditor-General Act 1997 30
Australia Council Act 1975 30
Australia-Japan Foundation Act 30
Australian Bicentennial Road Development Trust Fund Act 1982 30
Australian Broadcasting Corporation Act 1983 30
Australian Bureau of Statistics Act 1975 30
Australian Capital Territory Government Service (Consequential Provisions) Act 1994 30
Australian Capital Territory (Planning and Land Management) Act 1988 31
Australian Centre for International Agricultural Research Act 1982 32
Australian Communications Authority Act 1997 32
Australian New Zealand Food Authority Act 1991 32
Australian Film Commission Act 1975 32
Australian Film, Television and Radio School Act 1973 32
Australian Hearing Services Act 1991 32
Australian Heritage Commission Act 1975 33
Australian Industry Development Corporation Act 1970 33
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 33
Australian Institute of Health and Welfare Act 1987 33
Australian Institute of Marine Science Act 1972 33
Australian Land Transport Development Act 1988 33
Australian Land Transport (Financial Assistance) Act 1985 33
Australian Law Reform Commission Act 1996 33
Australian Maritime Safety Authority Act 1990 34
Australian National Maritime Museum Act 1990 34
Australian National Training Authority Act 1992 34
Australian Nuclear Science and Technology Organisation Act 1987 34
Australian Protective Service Act 1987 35
Australian Science and Technology Council Act 1978 35
Australian Securities Commission Act 1989 35
Australian Security Intelligence Organization Act 1979 35
Australian Space Council Act 1994 36
Australian Sports Commission Act 1989 36
Australian Sports Drug Agency Act 1987 36
Australian Tourist Commission Act 1987 36
Australian Trade Commission Act 1985 36
Australian War Memorial 1980 36
Australian Wine and Brandy Corporation Act 1980 36
Australian Wool Research and Promotion Organisation Act 1993 37
Banking Act 1959 37
Bank Integration Act 1991 37
Bankruptcy Act 1966 37
Bounty (Books) Act 1986 37
Broadcasting Services Act 1992 37
Chemical Weapons (Prohibition) Act 1994 37
Child Support (Assessment) Act 1989 37
Child Support (Registration and Collection) Act 1988 37
Christmas Island Act 1958 37
Civil Aviation Act 1988 38
Classification (Publications, Films and Computer Games) Act 1995 38
Cocos (Keeling) Islands Act 1955 38
Commonwealth Bank Sale Act 1995 38
Commonwealth Electoral Act 1918 38
Commonwealth Grants Commission Act 1973 39
Commonwealth Inscribed Stock Act 1911 39
Commonwealth Serum Laboratories Act 1961 39
Commonwealth Services Delivery Agency Act 1997 39
Complaints (Australian Federal Police) Act 1981 39
Construction Industry Reform and Development Act 1992 39
Co-operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978 40
Copyright Act 1968 40
Cotton Research Act 1982 40
Council for Aboriginal Reconciliation Act 1991 40
Crimes Act 1914 40
Crimes (Aviation) Act 1991 40
Criminology Research Act 1971 40
CSL Sale Act 1993 40
Customs Administration Act 1985 41
Dairy Produce Act 1986 41
Debits Tax Administration Act 1982 41
Deer Velvet Export Charge Act 1992 41
Deer Velvet Levy Act 1992 41
Defence Act 1903 41
Defence Force Discipline Act 1982 41
Defence Force Discipline Appeals Act 1955 41
Defence Force Retirement and Death Benefits Act 1973 42
Defence Housing Authority Act 1987 42
Defence Service Homes Act 1918 42
Defence (Special Undertakings) Act 1952 42
Designs Act 1906 42
Development Allowance Authority Act 1992 42
Director of Public Prosecutions Act 1983 42
Disability Discrimination Act 1992 43
Disability Services Act 1986 43
Economic Planning Advisory Commission Act 1983 43
Education Legislation Amendment Act 1997 43
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 43
Employment Education and Training Act 1988 43
Employment Services Act 1994 44
Endangered Species Protection Act 1992 44
Environment Protection (Alligator Rivers Region) Act 1978 44
Evidence Act 1995 44
Family Law Act 1975 44
Federal Airports Corporation Act 1986 45
Federal Court of Australia Act 1976 45
Financial Corporations Act 1974 45
Financial Transaction Reports Act 1988 46
First Homeowners Act 1983 46
Fisheries Management Act 1991 46
Fishing Industry Research Act 1969 46
Foreign Evidence Act 1994 46
Forestry and Timber Bureau Act 1930 46
Freedom of Information Act 1982 46
Fringe Benefits Tax (Application to the Commonwealth) Act 1986 46
Fringe Benefits Tax Assessment Act 1986 46
Governor-General Act 1974 46
Great Barrier Reef Marine Park Act 1975 47
Hazardous Waste (Regulation of Exports and Imports) Act 1989 47
Health Insurance Act 1973 47
Health Insurance Commission Act 1973 47
High Court of Australia Act 1979 47
Housing Assistance Act 1996 48
Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990 48
Human Rights and Equal Opportunity Commission Act 1986 48
Immigration (Education) Act 1971 48
Income Tax Assessment Act 1936 48
Income Tax Assessment Act 1997 48
Industrial Chemicals (Notification and Assessment) Act 1989 49
Industry Commission Act 1989 49
Industry Research and Development Act 1986 49
Inspector-General of Intelligence and Security Act 1986 49
Insurance Acquisitions and Takeovers Act 1984 49
Insurance (Agents and Brokers) Act 1984 50
Insurance and Superannuation Commissioner Act 1992 50
Insurance Contracts Act 1984 50
Insurance Supervisory Levies Collection Act 1989 50
International Air Services Commission Act 1992 50
International Shipping (Australian-Resident Seafarers) Grants Act 1995 50
International Transfer of Prisoners Act 1997 50
Lands Acquisition Act 1989 51
Life Insurance Act 1995 51
Long Service Leave (Commonwealth Employees) Act 1976 51
Management and Investment Companies Act 1983 51
Maternity Leave (Commonwealth Employees) Act 1973 51
Meat and Live-stock Industry Act 1995 52
Meat Inspection Arrangements Act 1964 52
Members of Parliament (Staff) Act 1984 52
Merit Protection (Australian Government Employees) Act 1984 52
Migration Act 1958 53
Motor Vehicle Standards Act 1989 53
National Crime Authority Act 1984 53
National Environment Protection Council Act 1994 53
National Gallery Act 1975 53
National Health Act 1953 53
National Health and Medical Research Council Act 1992 54
National Labour Consultative Council Act 1977 54
National Library Act 1960 54
National Museum of Australia Act 1980 55
National Occupational Health and Safety Commission Act 1985 55
National Parks and Wildlife Conservation Act 1975 55
National Roads Act 1974 55
Native Title Act 1993 55
Natural Resources Management (Financial Assistance) Act 1992 56
Naval Defence Act 1910 56
Norfolk Island Act 1979 56
Nuclear Non-Proliferation (Safeguards) Act 1987 56
Occupational Health and Safety (Commonwealth Employment) Act 1991 56
Occupational Health and Safety (Maritime Industry) Act 1993 56
Office of National Assessments Act 1977 57
Ombudsman Act 1976 57
Overseas Students (Refunds) Act 1990 57
Ozone Protection Act 1989 57
Parliamentary Contributory Superannuation Act 1948 57
Parliamentary Counsel Act 1970 57
Patents Act 1990 58
Petroleum Excise (Prices) Act 1987 58
Petroleum Resource Rent Tax Assessment Act 1987 58
Pipeline Authority Act 1973 58
Plant Breeders’ Rights Act 1994 58
Pooled Development Funds Act 1992 58
Prawn Export Promotion Act 1995 58
Prices Surveillance Act 1983 58
Primary Industries Levies and Charges Collection Act 1991 58
Privacy Act 1988 58
Proceeds of Crime Act 1987 59
Protection of Movable Cultural Heritage Act 1986 59
Public Lending Right Act 1985 59
Public Service Act 1922 59
Qantas Sale Act 1992 59
Racial Discrimination Act 1975 59
Radiocommunications Act 1992 59
Referendum (Machinery Provisions) Act 1984 59
Registration of Deaths Abroad Act 1984 60
Remuneration and Allowances Act 1990 60
Remuneration Tribunal Act 1973 60
Repatriation Institutions (Transfer) Act 1992 60
Reserve Bank Act 1959 61
Retirement Savings Accounts Act 1997 61
Roads Grants Act 1974 61
Roads Grants Act 1980 61
Roads Grants Act 1981 61
Rural Adjustment Act 1956 61
Rural Industries Research Act 1985 61
Safety, Rehabilitation and Compensation Act 1988 61
Science and Industry Research Act 1949 61
Seafarers Rehabilitation and Compensation Act 1992 62
Seafarers Rehabilitation and Compensation Levy Collection Act 1992 62
Sea Installations Act 1987 62
Sex Discrimination Act 1984 62
Shipping Registration Act 1981 62
Ships (Capital Grants) Act 1987 62
Snowy Mountains Engineering Corporation Limited Sale Act 1993 62
Snow Mountains Hydro-Electric Power Act 1949 62
Social Security Act 1991 62
Social Welfare Commission (Repeal) Act 1976 62
Special Broadcasting Service Act 1991 63
Special Prosecutors Act 1982 63
States Grants (Education Assistance-Participation and Equity) Act 1983 63
States Grants (Petroleum Products) Act 1965 63
States Grants (Roads) Act 1977 63
States Grants (Schools Assistance) Act 1983 63
States Grants (Schools Assistance) Act 1984 63
Stevedoring Industry Charge Assessment Act 1947 63
Student and Youth Assistance Act 1973 63
Superannuation Act 1976 63
Superannuation Act 1990 66
Superannuation Benefits (Supervisory Mechanisms) Act 1990 66
Superannuation Entities (Taxation) Act 1987 66
Superannuation Guarantee (Administration) Act 1992 66
Superannuation Industry (Supervision) Act 1993 66
Superannuation (Productivity Benefit) Act 1988 66
Superannuation (Resolution of Complaints) Act 1993 67
Taxation Administration Act 1953 67
Telecommunications Act 1991 67
Telecommunications (Interception) Act 1979 67
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 67
Telstra Corporation Act 1991 68
Therapeutic Goods Act 1989 68
Tobacco Charges Assessment Act 1955 68
Trade Marks Act 1955 68
Trade Practices Act 1974 68
Trade Representatives Act 1933 69
Transport (Planning and Research) Act 1974 69
Transport Planning and Research (Financial Assistance) Act 1977 69
Veterans’ Entitlements Act 1986 69
War Graves Act 1980 70
Wet Tropics of Queensland World Heritage Area Conservation Act 1944 70
Wheat Marketing Act 1989 70
Wildlife Protection (Regulation of Exports and Imports) Act 1982 70
Williamstown Dockyard Employees Act 1987 70
Wool International Act 1993 70
Wool Tax (Administration) Act 1964 70
Workplace Relations Act 1996 70

Attachments 72

A. List of references to 1922 PSA s.87E 73
B. Default translation table 78

PUBLIC EMPLOYMENT (CONSEQUENTIAL AND TRANSITIONAL) AMENDMENT BILL 1997 – OUTLINE

1. The Public Employment (Consequential and Transitional) Amendment Bill 1997 (hereafter ‘CTA Bill’) deals with the consequential and transitional matters arising from the repeal of the Public Service Act 1922 (‘1922 PSA’) and the enactment of replacement legislation, namely, the Public Service Act 1997 (currently before the Parliament - referred to as ‘PS Bill’).

2. The 1922 PSA has provided a regulatory framework, since 19 July 1923, for the people management of agencies staffed under that Act (the staff in these agencies are collectively referred to as the ‘Australian Public Service’ (‘APS’).

3. Following the establishment of the new legal framework for APS employees set out in the PS Bill, certain provisions will be necessary

• to validate actions and decisions taken under the former legislation;

• to cover some aspects of the transition from the old to the new employment framework; and

• to make consequential amendments to other legislation which incorporate references to the 1922 PSA framework.

4. These proposed provisions are set out in the CTA Bill which will enable an orderly transition to the new employment framework for the APS that will operate within the general workplace relations framework provided by the Workplace Relations Act 1996 (‘WRA’).

Financial Impact Statement

5. The proposed amendments have no financial impact.

CTA Bill

6. Notes on the clauses of the CTA Bill are set out below.

NOTES ON CLAUSES

Part 1 – Preliminary

Clause 1 - Short title

1.1. The CTA Bill, when passed, will be known as the Public Employment (Consequential and Transitional) Amendment Act 1997 (CTA Bill cl.1).

Clause 2 - Commencement

1.2. Subject to any special requirements in relation to particular consequential amendments, this Bill will commence on the same day as the Public Service Act 1997 (CTA Bill s-cls.2(1)).

1.3. Where the CTA Bill amends an Act which has not yet commenced, the amending provision in the Schedule to the CTA Bill will commence immediately after the commencement of that other Act (CTA Bill s-cl.2(3)).

1.4. Where the CTA Bill amends a section in another Act and the section has not yet commenced, the amending provision in the Schedule to the CTA Bill will commence immediately after the commencement of that amended section (CTA Bill s-cl.2(4)).

1.5. There will also be specific commencing times for particular amendments in relation to (CTA Bill s-cls.2(5)-(8))

• Tax Law Improvement Act 1997;

• Employment Education and Training Amendment Act 1997;

• Financial Law Amendment Act 1997.

Part 2 – Repeals and amendments

Clause 3 - Schedules

2.1. The Acts specified in Schedule 1 will be amended or repealed as set out in that Schedule (CTA Bill cl.3).

2.2. The amendments can be divided into the following categories

• changes in the provisions relating to staffing;

• removal of obsolete references to the Public Service Board (PSB);

• removal of references to the 1922 PSA s.87E which preserves certain rights in relation to leave;

• amendments to the superannuation legislation;

• remuneration and allowances;

• removal of references to reciprocal mobility;

• removal of references to Part IV mobility;

• changes for terms covered by the Default Translation Table; and

• other miscellaneous amendments to ensure appropriate links to the new APS employment framework.

2.3. Each of these categories is discussed, below.

Staffing provisions

2.3.1. The 1922 PSA was originally drafted by reference to Secretaries of Departments of State (see 1922 PSA s.25).

2.3.2. These 1922 PSA staffing arrangements have been incorporated into other legislation constituting a Commonwealth body having APS staff. Two provisions were usually inserted in the constituting legislation to the following effect (the precise wording sometimes differed)

• a provision that the staff were to be ‘persons appointed or employed under’ 1922 PSA (see, e.g. WRA s-sec.83(1) in relation to the Industrial Registry and 1922 PSA s-sec.18B(1) in relation to the PSMPC); and

• that the head of the agency was to have all the powers of an APS Secretary relating to ‘the branch of the Australian Public Service comprising the staff’ referred to in the first provision ‘as if that Branch were a separate Department of the Australian Public Service’ (see, e.g. WRA s-sec.83(2) in relation to the Industrial Registrar and 1922 PSA s-sec.18B(2) in relation to the Public Service Commissioner).

2.3.3. In the case of the Auditor-General and the Commissioner of Taxation, the staffing provisions were included in 1922 PSA itself (see 1922 PSA s-sec.25(4) rather than in their constituting legislation).

2.3.4. Without changing the policy in the legislation being amended, the CTA Bill will replace these current staffing provisions with standard provisions that state that for the purposes of the PS Bill

(a) the [person with the Secretary powers under the 1922 PSA] and the APS employees assisting the [person with the Secretary powers] will together constitute a Statutory Agency; and

(b) the [person with the Secretary powers under the 1922 PSA] will be the Agency Head of that Statutory Agency.

2.3.5. In these new staffing provisions the term ‘APS employee’ will be expressed to have the same meaning as in the PS Bill.

2.3.6. The normal location for this provision in an Act will be in the section dealing with staffing matters at the moment. If there is no existing section about staffing matters (e.g. Auditor-General under current legislation, as compared with AG Bill), then an additional provision will be included to provide that the staff necessary to assist the [person with the Secretary powers under the 1922 PSA] will be required to be persons engaged under the PS Bill. An alternative amendment is provided for the Human Rights and Equal Opportunity Commission depending on the timing of other amending legislation (see CTA Bill s-cls.3(2) and (3).

2.3.7. A list of the Acts to be amended in relation to their staffing provisions is contained in Attachment B, Parts C and D, to the Ex Memo on the PS Bill.

2.3.8. Where a change to the staffing provisions in other legislation is made by the Schedule to the CTA Bill this is described in this Ex Memo as

‘This changes the staffing provisions for...’

Obsolete references to the PSB

2.3.9. Some Acts have required that the terms and conditions of non-APS staff and of consultants be approved by the PSB (now, in effect, the Department of Industrial Relations as the delegate of the Public Service Commissioner). Such requirements have already been deleted from some Acts

• the Public Service and Statutory Authorities Amendment Act 1985 repealed provisions requiring PSB approval for the terms and conditions of consultants engaged by statutory authorities; and

• the Prime Minister and Cabinet Legislation Amendment Act 1991 repealed provisions requiring PSB approval for the terms and conditions of non-APS staff.

2.3.10. However, there are still some Acts which retain an approval role for the Public Service Commissioner (as the successor to the PSB by virtue of s-sec.11(7) of the Administrative Arrangements Act 1987 - but by delegation to DIR) in relation to the terms and conditions of non-APS staff

• Aboriginal Affairs (Arrangements with the States) Act 1973;

• Australian Bureau of Statistics Act 1975;

• Australian Security Intelligence Organisation Act 1979;

• Commonwealth Electoral Act 1918;

• Governor-General Act 1974;

• High Court of Australia Act 1979;

• Mint Employees Act 1964;

• National Parks and Wildlife Conservation Act 1975;

• Statistics (Arrangements with States) Act 1956; and

• Supply and Development Act 1939.

2.3.11. In a devolved environment which emphasises the employer responsibilities of Commonwealth agencies, the retention of this central approval role is obsolete. Accordingly, a number of these Acts will be amended by the Schedule to the CTA Bill to remove this approval role.

2.3.12. Where such a change is made to other legislation by the Schedule to the CTA Bill this is described in this Ex Memo as

‘This removes an obsolete reference to the PSB.’

References to 1922 PSA s.87E

2.3.13. When the new Part IV mobility provisions in the 1922 PSA came into effect on 15 March 1981, APS staff on first tier mobility and ‘engaged in eligible public employment’ were able to preserve, and to continue to accrue, their recreation and sick leave credits as if they were not on leave from the APS (1922 PSA s.87E). While they are in eligible public employment they also generally continue to be covered by the Long Service Leave (Commonwealth Employees) Act 1976 (either directly or by virtue of 1922 PSA s.87F).

2.3.14. There are also provisions in various Acts which provide that the recreation leave entitlements of various statutory office holders will be as determined by the Remuneration Tribunal, ‘subject to’ 1922 PSA s.87E. These Acts are listed at Attachment A.

2.3.15. These references to 1922 PSA s.87E will be removed, consequential on the repeal of Part IV of the 1922 PSA. Leave arrangements during the transitional period will be preserved (CTA Bill cl.6).

2.3.16. Where this reference to s.87E is removed from other legislation by the Schedule to the CTA Bill this is described in this Ex Memo as

‘This removes a reference to 1922 PSA s.87E.’

Superannuation legislation

2.3.17. There will be a number of consequential amendments to the existing superannuation legislation in relation to APS staff and certain other people.

2.3.18. These amendments are not intended to have any effect on the operation of the superannuation schemes

• Commonwealth Superannuation Scheme (‘CSS’) provided for by the Superannuation Act 1976; and

• Public Sector Superannuation Scheme (‘PSS’) provided for by the Superannuation Act 1990.

Remuneration and allowances

2.3.19. As a result of the devolution of the arrangements for setting SES salaries, it is intended to replace the link of the remuneration of Members of Parliament (‘MP’) with SES Band 2 minimum salary with a link to the classification structure created by the Remuneration Tribunal to apply to certain statutory and similar offices without increasing the level of remuneration.

2.3.20. Schedule 3 of the Remuneration and Allowances Act 1990 links the remuneration of MPs to the minimum salary payable an SES Band 2 officer. The amendments are being made following changes to the arrangements for setting SES salaries, so that this linkage will in future be made to a principal executive classification prescribed by the regulation. Principal executive classifications are to be determined by the Remuneration Tribunal for the purpose of setting the remuneration of statutory offices. They will be subject to regular review in accordance with the Remuneration Tribunal Act 1973.

2.3.21. The amendments will also expand the functions of the Remuneration Tribunal to include an additional function for it to determine a classification structure for principal executive offices.

2.3.22. The Tribunal is already empowered to give advice on the remuneration of executive offices and these amendments allow the range of offices that can be placed under this provision to be expanded by authorising the employing body to determine the terms and conditions applying to the offices and to override other provisions for this purpose. The employing body is required to obtain advice from the Tribunal if it wishes to make a determination which is not consistent with the Tribunal’s principal executive office classifications.

Reciprocal mobility

2.3.23. There are a small number of bodies not staffed under the 1922 PSA that have what is termed ‘reciprocal mobility’ arrangements with the APS. The staff of these authorities are able to apply for APS jobs that are advertised in the Commonwealth Gazette, even where those jobs would not otherwise be open to applications from non-APS staff.

2.3.24. Currently these reciprocal mobility arrangements are with:

• ACT Public Service - s.6 of Australian Capital Territory Government Service (Consequential Provisions) Act 1994 ;

• Albury-Wodonga Development Corporation - s.22 of Albury-Wodonga Development Act 1973;

• Austrade - s.63 of Australian Trade Commission Act 1985;

• Australian Secret Intelligence Service (ASIS) - notification under s.33A of 1922 PSA (Commonwealth Gazette No.PS1, 9 January 1997, p.7); and

• Australian Security Intelligence Organisation (ASIO) - s.90A of Australian Security Intelligence Organization Act 1979 ;

2.3.25. There have also been reciprocal mobility arrangements with the Commonwealth Funds Management, but these have lapsed.

2.3.26. In addition, there are a number of other persons who have a similar level of access to APS jobs. These groups are listed in the Commonwealth Gazette at the beginning of the material dealing with APS vacancies under the heading: ‘eligibility to apply for vacancies notified in the Gazette’).

2.3.27. It is proposed that these reciprocal mobility provisions will all be omitted. Similar access to APS jobs advertised in the Commonwealth Gazette will be conferred by Directions by the Public Service Commissioner (see PS Bill cl.11).

2.3.28. Where a reciprocal mobility provision is removed from another Act by the Schedule to the CTA Bill this is described in the Ex Memo as

‘This removes a reciprocal mobility provision.’

Part IV Mobility

2.3.29. The 1922 PSA contains (in Part IV) complex provisions relating to the rights of APS staff who leave the APS to work for non-APS Commonwealth agencies.

2.3.30. These provisions operate in most cases without any provisions in the legislation constituting the non-APS agency to which the APS staff have moved. However, in some cases, other Acts have included references to these mobility provisions or have applied analogous provisions.

2.3.31. The new APS employment framework established under the PS Bill does not deal with mobility in the same way as the 1922 PSA and will leave these matters to be dealt with by Agency Heads under their general powers to grant leave without pay.

2.3.32. Accordingly, the CTA Bill will remove a number of references in other Acts to these mobility arrangements e.g.

• Australian Capital Territory Government Service (Consequential Provisions) Act 1994;

• Australian Industry Development Corporation Act 1970;

• Commonwealth Electoral Act 1918;

• Governor-General Act 1974;

• Education Legislation Amendment Act 1997;

• Maternity Leave (Commonwealth Employees) Act 1973;

• Members of Parliament (Staff) Act 1989;

• Repatriation Institutions (Transfer) Act 1992;

• Special Broadcasting Service Act 1991; and

• Veterans’ Entitlements Act 1986.

2.3.33. Where a mobility provision relating to 1922 PSA is removed from another Act by the Schedule to the CTA Bill this is described in the Ex Memo as

‘This removes a mobility provision.’

2.3.34. Some other provisions relating to Part IV mobility have been left in other Acts because they contain historical references or are needed to assist with transitional arrangements.

Default Translation Table

2.3.35. There are a series of recurring expressions in other Acts that link provisions in those Acts to various aspects of the staffing framework established by the 1922 PSA.

2.3.36. These have been given a consistent translation by the CTA Bill unless the context otherwise requires. These translations are set out in the Default Translation Table (‘DTT’) at Attachment B to this Ex Memo. The DTT also lists a number of common terms which were not considered to require amendment.

2.3.37. Where a provision in another Act is amended by the Schedule to the CTA Bill in accordance with the Default Translation Table, this is described in the Ex Memo as

‘This amends in accordance with the DTT.’

Merit Protection (Australian Government Employees) Act 1984

2.3.38. A number of other Acts contain references to the Merit Protection (Australian Government Employees) Act 1984 which will be repealed by the CTA Bill.

2.3.39. A number of these references are historical or refer to Merit Protection and Review Agency (‘MPRA’) matters which may be incomplete when the PS Bill commences. These references (which will need to be retained) are contained in the following Acts

• Members of Parliament (Staff) Act 1984, ss.3, 17, 24;

• Albury-Wodonga Development Act 1973, paras 22(5)(a), (d)(ii), (d)(iii), (e)(ii), (e)(iii);

• Privacy Act 1988, Schedule;

• Australian Federal Police Act 1979, ss.29, 36B, 36C;

• Australian Security Intelligence Organization Act 1979 s-secs.90A(6), (9), (10);

• ACT Self-Government (Consequential Provisions) Act 1988, s.25 Schedule 4;

• Australian Trade Commission Act 1985, s.62;

• Australian Capital Territory Government Service (Consequential Provisions) Act 1994, s.6(7), s.18; and

• Industrial Relations (Consequential Provisions) Act 1988, Schedule 2.

2.3.40. No changes are made to these provisions in the CTA Bill.

2.3.41. However, two of the references relate to the transfer of complaints, and will be amended to enable these complaints to be transferred to the Public Service Commissioner

• Ombudsman Act 1976, s-secs. 6(9), (10) and (11); and

• Privacy Act 1988, s-secs.50(1), (2) and (3).

2.3.42. Where an amendment is made by the Schedule to the CTA Bill to enable these complaints to be transferred to the Public Service Commissioner this is described in this Ex Memo as

‘This enables a complaint to be transferred to the Public Service Commissioner.’

Miscellaneous

2.3.43. There are also a series of other changes to existing legislation that are required to ensure that references to the previous employment framework are now clearly linked to the new legal framework created by the PS Bill.

2.3.44. These amendments are described separately in this Ex Memo where they arise.

Part 3 – Transitional provisions

Clause 4 - Interpretation

3.1. The CTA Bill contains a number of interpretative provisions (CTA Bill cl.5).

Agency

3.1.1. The term ‘Agency’ is used to describe an Agency within the meaning of the PS Bill, namely

(a) a Department of State;

(b) an Executive Agency; or

(c) a Statutory Agency.

Agency Head

3.1.2. The term ‘Agency Head’ is used to describe an Agency Head within the meaning of the PS Bill.

APS employee

3.1.3. The term ‘APS employee’ is used to describe an APS employee within the meaning of the PS Bill, namely

(a) a person engaged (under PS Bill cl.22) by an Agency Head as an employee for the purposes of the Agency; or

(b) a person engaged, or determined to become engaged (under PS Bill cl.65), by the Public Service Commissioner, (under PS Bill cl.65) as an APS employee in a specified Agency.

Classification

3.1.4. The term ‘classification’ is used to include a level.

3.1.5. This will ensure that the term covers unattached Secretaries who do not have a normal ‘classification’.

Code of Conduct

3.1.6. The term ‘Code of Conduct’ is used to describe the Code of Conduct within the meaning of the PS Bill.

Commencing time

3.1.7. The term ‘commencing time’ is used to describe the time at which the PS Bill will commence.

3.1.8. Current planning is for a commencing time of 1 January 1998.

Continuing employee

3.1.9. The term ‘continuing employee’ is used to describe an employee within the meaning of the 1922 PSA other than

• short term employees (1922 PSA s.82AD);

• fixed term employees (1922 PSA s.82AE);

• overseas employees (1922 PSA s.82AF); or

• persons employed under special employment programs (1922 PSA s.82AG).

Continuing SES officer

3.1.10. The term ‘continuing SES officer’ is used to describe a Senior Executive Service (‘SES’) officer under 1922 PSA other than an SES officer appointed for a fixed term (under 1922 PSA s.44).

Core Department

3.1.11. The term ‘core department’ is used to describe a Department of State under 1922 PSA s-sec.25(9).

Corresponding Agency

3.1.12. The term ‘corresponding Agency’ is used to describe the Agency within the meaning of the PS Bill that is the body which corresponds to the Department within the meaning of the 1922 PSA so far as any individual APS staff member is concerned.

3.1.13. One use of this term will be to ensure that when the PS Bill commences all existing APS staff will go to the correct corresponding agency (see CTA Bill cl.5).

Disciplinary direction

3.1.14. The term ‘disciplinary direction’ is used to describe a disciplinary direction made by an APS agency head following a court conviction of

• an officer (1922 PSA s.62 and 63);

• an unattached officer (1922 PSA s.63K, 63L and 63M); or

• certain employees (1922 PS Regs r.167).

Eligible public employment

3.1.15. The term ‘eligible public employment’ is used to describe that same term under the ‘mobility provisions’ (Part IV) of 1922 PSA where it is defined (1922 PSA s-sec.87(3)) to mean

(a) the holder of a Commonwealth office (itself defined); or

(b) employment by a Commonwealth authority (also defined).

First-tier person

3.1.16. The term ‘first-tier person’ is used to describe

(a) a person to whom Division 2 of Part IV of the 1922 PSA applied immediately before the PS Bill commences; and

(b) a person to whom the Officers’ Rights Declaration Act 1928 (‘ORDA’) applied immediately before the PS Bill commences because of preserved rights (1922 PSA s.87TA).

Fixed term Secretary

3.1.17. The term ‘fixed term Secretary’ is used to describe a Secretary of a Department of State who is appointed on a fixed term basis (under PSA s.37).

3.1.18. One use of this term will be to ensure when the PS Bill commences persons of this status become Secretaries under the PS Bill for the unexpired portion of their original fixed term (see CTA Bill cl.5).

Fixed term SES Officer

3.1.19. The term ‘fixed term SES Officer’ is used to describe a person appointed as an SES officer under PS Bill cl.44 on a fixed term basis.

Locally-engaged employee

3.1.20. The term ‘locally-engaged employee’ is used to describe a person engaged overseas by an Agency Head under PS Bill cl.67 to perform duties overseas.

Merit Protection Act

3.1.21. The term ‘Merit Protection Act’ is used to describe the Merit Protection (Australian Government Employees) Act 1984.

New Act

3.1.22. The term ‘new Act’ is used to describe the PS Bill which is being introduced at the same time as the CTA Bill.

New Act Department

3.1.23. The term ‘new Act Department’ is used to describe a Department within the meaning of the PS Bill.

New Act Secretary

3.1.24. The term ‘new Act Secretary’ is used to describe a Secretary within the meaning of the PS Bill.

Non-SES Officer

3.1.25. The term ‘non-SES officer’ is used to describe a person who under the 1922 PSA is not an SES officer.

3.1.26. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5).

Old Act

3.1.27. The term ‘old Act’ is used to describe the 1922 PSA.

Old Act Department

3.1.28. The term ‘old Act Department’ is used to describe a Department under the 1922 PSA, which (in 1922 PSA s.7) defines a ‘Department’ to mean

‘(a) any Department of the Service (other than a Department of the Service that has been abolished or the name of which has been altered) the name of which is specified, or deemed by virtue of section 7A to be specified, in Schedule 2; or

(b) a branch or part of the Service in relation to which a person has, under this Act or another Act, the powers of, or exercisable by, a Secretary as if that branch or part of the Service were a separate Department.’

Old Act employee

3.1.29. The term ‘old Act employee’ is used to describe a person who under the 1922 PSA was an employee (see 1922 PSA, Part III, Division 10).

3.1.30. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5).

Old Act officer

3.1.31. The term ‘old Act officer’ is used to describe a person who under the 1922 PSA was appointed or transferred to the APS as an ‘officer’.

3.1.32. This term is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5).

Overseas-engaged employee

3.1.33. The term ‘overseas-engaged employee’ is used to describe a person who was engaged overseas under the 1922 PSA (s.87AF) to perform duties overseas - described in 1922 PSA as an 'overseas employee'.

3.1.34. This definition is relevant to the provisions in the CTA Bill which convert the status of existing APS staff to their corresponding status under the PS Bill (see CTA Bill cl.5).

Parliamentary Department

3.1.35. The term ‘Parliamentary Department’ is used to describe one of the five Parliamentary Departments referred to in 1922 PSA s.9B which deals with the annual reports to Parliament by the Presiding Officers.

Precommencement misconduct

3.1.36. The term ‘precommencement misconduct’ is used to describe conduct by a member of the APS before the PS Bill commences which was misconduct for the purposes of the disciplinary provisions of the 1922 PSA.

Second-tier person

3.1.37. The term ‘second-tier person’ is used to describe a person who immediately before the PS Bill commences had the rights and entitlements provided by Division 3 of Part IV of the 1922 PSA.

3.1.38. The term ‘second-tier’ person is used in the provisions of the CTA Bill setting out the transitional arrangements in relation to the current mobility provisions.

Statutory Agency

3.1.39. The term ‘Statutory Agency’ is used to describe a Statutory Agency as defined in the PS Bill.

Statutory instrument

3.1.40. The term ‘statutory instrument’ is used to describe

(a) a law of the Commonwealth (other than the PS Bill);

(b) a law of an Australian Territory; or

(c) an instrument made under one of those laws.

3.1.41. By virtue of the AIA (para 17(p)), an Australian Territory is

• the Australian Capital Territory;

• the Northern Territory;

• the Jervis Bay Territory;

• the Territory of Norfolk Island;

• the Territory of the Cocos (Keeling) Islands;

• the Territory of Christmas Island;

• the Territory of Ashmore and Cartier Islands;

• the Territory of Heard and McDonald Islands;

• the Territory of the Coral Sea Islands; and

• the Australian Antarctic Territory.

Term employee

3.1.42. The term ‘term employee’ is used to describe a person who under the 1922 PSA is

• a short-term employee (1922 PSA s.82AD);

• a fixed-term employee (1922 PSA s.82AE); or

• a person employed under a special employment program (1922 PSA s.82AG).

Transitional s.82D determination

3.1.43. The term ‘transitional s.82D determination’ is used to describe an existing s.82D determination under 1922 PSA which is in force when the PS Bill commences, subject to any amendments that are prescribed by the CTA Regs.

Transitional period

3.1.44. The term ‘transitional period’ is used to describe the period during which the transitional arrangements will operate for persons on first-tier mobility (under 1922 PSA Part IV).

Unattached Secretary

3.1.45. The term ‘unattached Secretary’ is used to describe a person who was an unattached Secretary within the meaning of 1922 PSA

‘(a) is an unattached officer (not having a Senior Executive Service classification or a classification lower than the lowest Senior Executive Service classification); and

(b) immediately before becoming an unattached officer held an office referred to in paragraph (a) of the definition of ‘office of Secretary’.’

Clause 5 - Conversion of officers, employees etc.

3.2. The CTA Bill contains a series of provisions which will operate when the PS Bill commences to convert the status that existing APS staff will have under 1922 PSA into their corresponding status under the PS Bill (CTA Bill cl.5).

Fixed-term Secretaries

3.2.1. When the PS Bill commences, a person who was a Secretary of a Department of State holding office on a fixed-term basis (1922 PSA s.37) will become a Secretary of a Department of State as if she or he had been appointed under the PS Bill for a period equal to the unexpired part of the Secretary’s existing term under 1922 PSA (CTA Bill s-cl.5(1)).

Public Service Commissioner

3.2.2. When the PS Bill commences, the Public Service Commissioner appointed under 1922 PSA (s.11) will become the Public Service Commissioner appointed under the PS Bill for a period equal to the unexpired part of his term under 1922 PSA (CTA Bill s-cl.5(2)).

Fixed-term SES Officer

3.2.3. When the PS Bill commences, a person who is at that time a fixed-term SES officer (under 1922 PSA s.44) will become a fixed-term SES officer in the corresponding Agency and with a corresponding classification as if she or he had been engaged as an APS employee under the PS Bill (CTA Bill s-cl.5(3)).

Continuing SES Officer

3.2.4. When the PS Bill commences, a person who is at that time a continuing SES officer (under 1922 PSA) will become a continuing SES officer in the corresponding Agency and with a corresponding classification as if she or he had been engaged as an APS employee under the PS Bill (CTA Bill s-cl.5(4)).

Non-SES Officer

3.2.5. When the PS Bill commences, a person who is at that time a non-SES officer (under 1922 PSA) will become a non-SES employee in the corresponding Agency and with a corresponding classification as if she or he had been engaged as an APS employee under the PS Bill (CTA Bill s-cl.5(5)).

Term Employees

3.2.6. When the PS Bill commences, a person who is at that time a term employee (under 1922 PSA) will become a term employee in the corresponding Agency and with a corresponding classification as if she or he had been engaged as an APS employee under the PS Bill (CTA Bill s-cl.5(6)).

Continuing Employees

3.2.7. When the PS Bill commences, a person who is at that time a continuing employee (under 1922 PSA) will become a continuing employee in the corresponding Agency and with a corresponding classification as if she or he had been engaged as an APS employee under the PS Bill (CTA Bill s-cl.5(7)).

Overseas-Engaged Employees

3.2.8. When the PS Bill commences, a person who is at that time an overseas employee (under 1922 PSA s.82AF) will become an overseas-engaged employee in the corresponding Agency and with a corresponding classification as if she or he had been engaged as a locally-engaged employee under the PS Bill (CTA Bill s-cl.5(8)).

Application of PS Bill

3.2.9. Except where the CTA Bill otherwise expressly provides, the PS Bill will apply to existing APS staff in the same way as if they had actually been engaged or appointed under the PS Bill (CTA Bill s-cl.5(9)).

Clause 6 - Rights under Part IV of 1922 PSA – first tier

Current law on officer’s mobility

3.3.1. The original 1922 PSA contained no provisions about the rights of staff who went to work for non-APS Commonwealth agencies.

3.3.2. General provisions to deal with this matter were first introduced with the Officer’s Rights Declaration Act 1928 (ORDA). ORDA applied to officers employed under an Act specified in the Schedule to the ORDA (or under regulations made under an Act and section specified in that Schedule). Additionally, other Commonwealth Acts subsequently made provision for the ORDA to apply to the employment of APS officers in a wide range of separate authorities. By June 1973, employment in some 79 authorities, offices etc. was covered by the ORDA, rising to 115 by March 1981.

3.3.3. The ORDA was subject to only minor detailed amendments until its repeal by the Public Service Amendment Act 1978, the repeal becoming effective on 15 March 1981.

3.3.4. The ORDA was then replaced by the provisions now in Part IV of 1922 PSA. These provisions, although amended on 19 occasions since 1978, have remained substantially unchanged from the legislative framework then put in place and have been generally known as the officers’ mobility provisions.

3.3.5. At the time of its enactment, Part IV inserted 32 new substantive provisions into the Act in six Divisions. The legislation was, and is of a quite complex and detailed nature, running originally to some 50 pages (up to 40 substantive provisions and 60 pages in current official Reprint No. 5 of the Act).

3.3.6. The broad framework and key elements of the originally-enacted provisions may be summarised as follows

• Division 1 (current ss.87-87B) contains special definitions and interpretation provisions. In particular, it draws a distinction between

- bodies in respect of which the Commonwealth has legislative power (‘Commonwealth authority and Commonwealth office’); and

- bodies and statutory offices in respect of which the Commonwealth does not have such legislative power (‘public authority’ and ‘public office’), with such bodies having to be prescribed in the Public Service Regulations (Part XI of the 1922 PS Regs refers) for Part IV to apply;

• Division 2 (current ss.87C-87JC) details the provisions applicable to officers who take up employment with an authority, or who are appointed to statutory offices, and have first tier coverage (described in the CTA Bill as ‘first-tier persons’). It also addresses the circumstances of staff who are transferred to an independently-staffed Commonwealth authority (or to a non-Commonwealth authority with second tier coverage), as a result of a transfer of functions to the authority;

- such officers are deemed to be on leave without pay from the APS, with such absences counting as 1922 PSA service for all purposes (1922 PSA s-sec.87(6));

- APS sick leave and recreation leave rights against the employing authority and as a condition of service of statutory office holders are preserved (1922 PSA s.87E);

- similarly long service leave entitlements are preserved where particular authorities are not covered by the provisions of the Long Service Leave (Commonwealth Employees) Act 1976 (1922 PSA s.87F);

- the position held by an officer, at the time of attaining first tier coverage, is declared to be vacant, with a similar provision applying where such an officer is promoted or transferred to an office in the APS but does not resume duty in that office within 30 days (or such longer period as may be determined by the Public Service Commissioner (1922 PSA s.87G);

- officers who are identified as performing duties associated with a declared Commonwealth function, which has been, or is to be, transferred from an APS agency to an independently-staffed Commonwealth authority (or to a non-Commonwealth authority), and who are transferred to that authority, are deemed, on transfer, to have ceased to be APS officers and become persons to whom the (second tier) provisions of Division 3 apply, with preservation of certain APS leave and superannuation entitlements (1922 PSA s.87J and s-sec.87K(2));

• Division 3 (current ss.87KAA-87SC) applies to APS officers who, at the end of the initial three-year period of employment with an authority under Division 2 provisions, choose to remain in the employment of that authority, or another authority covered by Part IV, under second tier provisions (described in the CTA Bill as ‘second-tier persons’). It also applies to APS officers who are transferred to an authority from the APS as a result of a transfer of APS functions to that authority;

- Officers covered by Division 3 can apply for promotion or transfer to APS vacancies, and to exercise promotion appeal rights, as if they were still APS officers (1922 PSA s.87M).

- They have certain rights to apply for re-entry to the APS (other than by way of the s.87M entitlements), in circumstances of actual or prospective termination of employment by the non-APS authority (by way of fore-shortening of a term appointment, retrenchment, annulment of appointment, termination of employment for reasons other than invalidity or resignation) and also refusal to re-engage following nullification of a conviction which had resulted in dismissal from the authority - decisions on such applications being made by an independent Reappointment Review Committee, formerly constituted under s.87T of the Act (repealed in 1984) and now established under the provisions of the MP(AGE)A (1922 PSA s.87N).

- The Public Service Commissioner can approve an application for reappointment to the APS where the Commissioner is satisfied that special circumstances (e.g. compassionate grounds) so justify (1922 PSA s.87R).

• Division 4 (current ss.87TA-87V) enables continued application of the provisions of the repealed ORDA, and the former s.6 of the Trade Commissioners Act 1933 (now the Trade Representatives Act 1933), to officers who were previously covered by those provisions, and who have not elected to be covered by the provisions of Part IV of the 1922 PSA.

• Division 5 (current ss.87X-87ZCA) provides for the correction of certain inequities which had resulted from the transfer of APS officers to various authorities prior to, and in the light of, the enactment of Part IV.

• Division 6 (current ss.87ZD-87ZG) contains various machinery provisions bearing on the operation of the other Divisions of Part IV.

3.3.7. The McLeod Report commented on 1922 PSA Part IV as follows

‘4.63 These provisions are complex and impose requirements on departments to release and accept staff with minimal notice, which inhibits effective staff management. They were introduced in a significantly different environment to that which exists now. In particular there has been

• an increase in the diversity of Commonwealth employment outside the APS;

• large-scale redundancies in organisations employing staff with re-entry rights to the APS; and

• downsizing in many departments.’

3.3.8. The ADMF Paper commented (pp.29–30) that

‘...The arrangements are extremely complex...Such conditions represent a considerable liability for public service agencies. In the private sector, such mobility arrangements are normally dealt with on the basis of management agreeing to extend unpaid leave to employees for a set period. This should also be the model for the APS. It is proposed that under the new Act Secretaries have the discretion to determine arrangements that best meet the needs of their organisations. They will be able to grant periods of leave with or without pay and to decide whether it counts for service. This will provide a low cost, easily administered arrangement to enable mobility between the APS and non-APS public employment.

Existing Part IV mobility provisions will be removed. Employees who wish to take up non-APS employment—including under the Governor-General Act 1974 and the Members of Parliament (Staff) Act 1984 (MOPS Act)—will have to resign or seek leave from their agency. Similarly APS employees taking up statutory appointments will do so on the basis of arrangements made with their Secretary.

It is seen as necessary to set in place appropriate transitional arrangements to apply to those employees currently covered by the mobility provisions. At present some 50 000 people working outside the APS retain some mobility (return) rights. It is proposed that employees presently outside the APS under ‘first tier’ or ‘second tier’ arrangements (including employees who are statutory office holders, and who are employed under the MOPS Act or the Governor-General Act) will continue to be covered by current arrangements for a period of one year from implementation of the new legislation.’

Transitional arrangements – first tier

3.3.9. The first-tier transitional arrangements will apply to a ‘first-tier person’, defined as (CTA Bill cl.4)

(a) a person to whom 1922 PSA Division 2 of Part IV applies immediately before the PS Bill commences; or

(b) a person to whom the ORDA applies immediately before the PS Bill commences because of 1922 PSA 87TA.

3.3.10. These first-tier transitional arrangements will apply during a transitional period, which is defined as starting when the PS Bill commences and ending at the earliest of the following (CTA Bill cl.4)

(a) a period to be fixed by the CTA Regs after the PS Bill commences;

(b) the time when the person ceases to be in eligible public employment (within the meaning of 1922 PSA Part IV);

(c) the time when the person resigns or retires as an APS employee; or

(d) the end of the first-tier period (fixed under 1922 PSA s-sec.87D(5) and described in 1922 PSA as the ‘relevant period’ - normally three years but can be extended at present by an Agency Head under delegation from the Public Service Commissioner.

3.3.11. During the transitional period a first-tier person will be taken to be absent from duty as an APS employee on leave without pay (CTA Bill s-cl.6(1)).

Transitional arrangements – leave credits

3.3.12. The following leave conditions apply currently to APS officers on first-tier mobility

• recreation leave

- officers take with them their unused APS credits;

- future recreation leave credits accrue as if first-tier employment were in the APS;

- on 1 January immediately following commencement in the Part IV organisation, the officer is credited with recreation leave as if the previous calendar year had all been service in the APS (determined under 1922 PSA s-sec.87E(4));

- APS conditions on the period of availability of credits (the ‘deeming’ provisions) and payment in lieu continue to apply;

• sick leave

- officers take with them their unused APS credits;

- future sick leave credits accrue as if first-tier employment were in the APS;

- APS sick leave conditions continue to apply;

• long service leave

- officers continue to be covered by the LSL Act; and

• all other conditions of employment will be those of the Part IV organisation.

3.3.13. Service by a first-tier person during the transitional period will be counted, for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as an APS employee (CTA Bill s-cl.6(2)).

Transitional arrangements – resignation

3.3.14. A first-tier person will be deemed to have resigned as an APS employee at the end of the transitional period unless, before the end of the transitional period (Bill s-cl.6(3))

(a) the person has given written notice to the Agency Head, stating that the person intends to resume duties as an APS employee on the first working day after the end of the transitional period; or

(b) the person has been granted leave for a period that consists of or includes the first working day after the end of the transitional period.

3.3.15. If the person gives a notice about resuming duty, but is absent from duty without leave on the first working day after the end of the transitional period, then the person will be deemed to have resigned as an APS employee at the end of that first working day (Bill s-cl.6(4)).

3.3.16. If a person would have ceased to be an officer under the 1922 PSA at a particular time because of 1922 PSA s.87JA or 87JB (if 1922 PSA had not been repealed), then the person will be deemed to have resigned as an APS employee at that time (Bill s-cl.6(5)).

Transitional arrangements – LWOP

3.3.17. As a matter of practice, it will be expected that Agency Heads will grant LWOP to APS employees who wish to take up statutory appointments.

Clause 7 - Rights under Part IV of 1922 PSA – second tier

Gazette access

3.4.1. Currently, a second-tier person has certain rights to apply for re-entry (set out above).

3.4.2. It is proposed that access to the Commonwealth Gazette will continue to be provided through Directions issued by the Public Service Commissioner (PS Bill s.11).

Right of re-engagement

3.4.3. A person to whom Division 3 of Part IV of the 1922 PSA applied (defined as a ‘second-tier person’) immediately before the PS Bill commences will be entitled to be re-engaged as an APS employee (CTA Bill s-cl.7(1))

• in accordance with the CTA Regs; and

• within time limits prescribed by the CTA Regs.

3.4.4. The CTA Regs will be able to prescribe exceptions to the entitlement (CTA Bill s-cl.7(2)).

3.4.5. The scheme proposed to be set out in the CTA Regs will be along the following lines: Agency Heads will be required to reappoint a second-tier person who applies for re-engagement if the following conditions are met

• the application is made within the transitional period of 12 months;

• the application is made while the applicant is still in eligible public employment or if eligible public employment has ceased;

- where the cessation was because the person had been notified that he or she was excess: within 28 days of the notification;

- in any other case: within 30 days of the cessation;

• the applicant has not received a redundancy benefit while in eligible public employment (cf 1922 PSA ss.87SA-87SC); and

• the applicant satisfies the Agency Head that if Division 3 were still in force the person would satisfy one or other of the prescribed conditions of re-appointment set out in s.87N(2).

3.4.6. It is proposed that the CTA Regs would also provide that the reappointment would be at the same classification as the person had before ceasing to be an ‘officer’ within the meaning of the 1922 PSA or, if there is no longer such a classification, at such a classification as the Agency Head considers appropriate.

Leave credits

3.4.7. While second-tier persons at the time the new PS Bill commences no longer have access to APS recreation or sick leave arrangements, they would have been able to carry over their credits, which would then form part of their entitlements with their actual employer and these would not be able to be changed retrospectively.

Clause 8 - Retirement and redeployment of Secretaries

Current law

3.5.1. Since 1 October 1984 (when they ceased to be subject to the CE(RR)A) the redeployment and retirement of Secretaries has been regulated by Division 8A of Part III of 1922 PSA. Its key features are

• their non-application to a Secretary appointed on a fixed-term basis (1922 PSA s-sec.38(15));

• the option of retiring at age 55 (or such other minimum age as might be prescribed) (1922 PSA s.76B);

• the requirement to retire at age 65 (or such other maximum age as might be prescribed), subject to any approved extension of employment beyond that age (1922 PSA s.76C);

• retirement by the Governor-General, on the basis of report and investigation by the PSB (now the Public Service Commissioner) on grounds that the Secretary was ‘inefficient or incompetent or...because of physical or mental incapacity, incapable of performing his duties’ (1922 PSA s.76D);

• a broad, general power enabling the Governor-General to terminate the appointment of a person to an office of Secretary, that person thereby becoming an unattached Secretary (1922 PSA s.76E);

• a requirement for the PSB (now Commissioner) to seek to find appropriate duties and alternative employment for an unattached Secretary. In the event that action in these terms was seen as unlikely to produce a successful outcome within a reasonable time, the PSB (now Commissioner) could either redeploy the unattached Secretary to an office having the highest SES classification or agree to an election from that person to be retired from the APS (1922 PSA s.76F); and

• allowing the PSB (Commissioner) to utilise the s.82D determination provisions to offer a specified benefit (separation payment) to an unattached Secretary agreeing to retire from the APS, without a prior resort to exploring redeployment options within the APS (1922 PSA s.76FA - added by Public Service Legislation (Streamlining) Act 1986.

3.5.2. With the exception of the insertion of certain provisions inter-active with superannuation legislation in relation to invalidity retirements (1922 PSA s.76 refers in particular), the Division 8A provisions have not been subject to any major amendment since the enactment.

Transitional arrangements

3.5.3. Subject to any modifications prescribed by regulations, Division 8A of Part III of 1922 PSA (outlined above) will continue to apply to a person who was an unattached Secretary within the meaning of the 1922 PSA when the PS Bill commences (CTA Bill cl.8).

Clause 9 - Determinations under s.82D of the old Act

Current law

3.6.1. The current determination making powers (1922 PSA s.82D) enable determinations to be made about terms and conditions of employment (including employment overseas) of APS employees. Following the abolition of the Public Service Board in 1987, these powers have been held by the Public Service Commissioner, and, by delegation, the Secretary of the Department of Industrial Relations.

3.6.2. The main Service-wide determinations which are currently applicable cover some pay matters which are not covered by industrial awards and a number of conditions of employment, including those applicable to Australia-based staff overseas, and those applicable to the SES. These determinations are in the process of being rationalised with the aim of achieving one consolidated determination by the time the PS Bill commences.

Transitional arrangements

3.6.3. When the PS Bill comes into operation each Agency Head will be deemed to have made a determination containing the terms of each transitional determination (CTA Bill s-cl.9(1)).

3.6.4. These determinations will thereby lose their Service-wide application and will be able to be amended or revoked by the Agency Head in the same way as if they had made the determination themselves under clause 24 of the PS Bill.

3.6.5. The translated determinations will operate only for a transitional period of 12 months. During that time, Agency Heads will be required to review their provisions and make their own determinations. Where they wish to retain some or all of the terms of the translated determinations, they will need to include them in their own determinations or in agreements made under the WRA.

Clause 10 - Misconduct

Current law

3.7.1. The present framework of disciplinary provisions was put in place by the Public Service Act Amendment Act 1978 (Act No.170). It replaced procedures established by the 1922 PSA which had undergone few significant modifications since the time of their original enactment, and which were derived in turn from the 1902 PSA and comparable provisions in the preceding Public Service legislation of the Australian colonies.

3.7.2. The PS Bill contains

• a new Code of Conduct (see PS Bill cl.13); and

• a power for Agency Heads to establish procedures to deal with misconduct in accordance with procedural fairness (see PS Bill cl.15).

Transitional arrangements

3.7.3. The transitional arrangements in relation to misconduct before the PS Bill commences will be as follows (CTA Bill cl.10)

• where an APS employee was charged before this Bill commences and the charge was dealt with to finality: no action will be possible under this Bill;

• where an APS employee was charged before the commencement of this Bill and the charge was not dealt with to finality: regulations will be made to enable the matter to be completed under 1922 PSA; and

• where an APS employee was not charged before the commencement of this Bill: the Agency Head will be able to impose the same sanctions as are allowed under the Bill provided that the conduct was both misconduct under the 1922 PSA and a breach of the new Code of Conduct.

3.7.4. This approach is the same as that taken when the current disciplinary provisions were inserted by the Public Service Amendment Act 1978 (see s.49 of that Act).

Clause 11 - Secretaries of Core Departments

3.7.5. Secretaries of Departments of State will now be known generally as ‘Secretary of’ rather than ‘Secretary to’ the particular Department (see PS Bill s-cl.49(4)).

Transitional arrangements

3.7.6. When the PS Bill commences, the title of each Secretary of a Department of State will change to the new form (CTA Bill s-cl.11(1)).

3.7.7. References to the old form in any other Commonwealth or Territory law will be read as a reference to the new form (CTA Bill s-cl.11(2)).

Clause 12 - Parliamentary Departments

Current law

3.8.1. Provisions relating to the operation of the Parliamentary Departments have been included in Commonwealth public service legislation since Federation.

3.8.2. Officers of the Senate, House of Representatives, Parliamentary Library, Parliamentary Reporting Staff and of the Joint House Committee were deemed to constitute separate Departments under the 1902 Act. Actions or approvals which the Act otherwise vested in the Public Service Commissioner, a Permanent Head or a Chief Officer were to be variously regarded as being taken or given by the Presiding Officers or the respective heads of the parliamentary departments, as appropriate to the particular context (see 1902 PSA s.14).

3.8.3. 1922 PSA re-enacted s.9 of the 1902 PSA provisions (s.9) in essentially the same form, but with some added provisions. The 1922 PSA also provided for specification of the Parliamentary Departments and their heads in the relevant Schedules to the 1922 PSA in the form in which they continue to appear in the current Schedules two and three.

3.8.4. Since 1922, the parliamentary officer provisions have evolved progressively to the form in which they now appear (in ss.9, 9A, 9AA, 9B and 76G). They now variously make provision for the creation and staffing of offices, the terms and conditions of employment of staff and the submission of annual reports to Parliament by the Presiding Officers.

Transitional arrangements

3.8.5. The 1922 PSA will continue to apply to the Parliamentary Departments as if that Act had not been repealed. This will make it clear that the five Parliamentary Departments will continue to have a separate transitional existence.

Clause 13 - References to ‘officer’ etc.

3.9. There will be a generic interpretation provision to ensure that in any other Commonwealth or Territory law, unless the contrary intention appears (CTA Bill s-cl.13(1))

(a) references in general terms to an officer will include references to a Secretary or an APS employee under the PS Bill;

(b) references to an officer of the Commonwealth will include references to a new Act Secretary or an APS employee under the PS Bill;

(c) references to an officer or employee of a particular Department or Statutory Agency will include references to an APS employee in that Department or Statutory Agency;

(d) references to a person occupying, holding or performing the duties of an office in a particular Department or Statutory Agency will include references to an APS employee in that Department or Statutory Agency;

(e) references to an employee of a particular Department will include references to a locally engaged employee in that Department;

(f) references in general terms to an office will include references to a position occupied by an APS employee (see also PS Bill s-cl.70(3) covering APS employees not in a position); and

(g) references to an office in a particular Department or Statutory Agency include references to a position occupied by an APS employee in that Department or Statutory Agency.

4.0. This generic interpretation provision will apply to all Departments and not just the Department whose Minister is responsible for the Bill (CTA Bill s-cl.13(2), i.e. it displaces AIA s-sec.19A(3)).

Clause 14 - Regulations

4.1. The Governor-General will have a general regulation-making power in relation to matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the CTA Bill (CTA Bill s-cl.14(1)).

4.2. This power will not be limited by the specific regulation-making powers set out below (CTA Bill s-cl.14(2)).

Transitional and savings

4.2.1. CTA Regs will also be able to be made to deal with a range of transitional matters (CTA Bill s-cl.14(3))

(a) appointment, re-instatements, transfers, promotions, advancements, classifications, or retirements - where processes had been started under the 1922 PSA or the MP(AGE)A, before the PS Bill commences;

(b) the continuation of suspensions under 1922 PSA;

(c) the review of decisions made under 1922 PSA;

(d) the powers available to persons conducting these reviews;

(e) arrangements, agreements, etc., under 1922 PSA about reciprocal services between Commonwealth, State and Territory governments; and

(f) any other transitional or savings matters.

4.2.2. These CTA Regs will be able to continue provisions of the 1922 PSA or the MP(AGE)A (CTA Bill s-cl.14(4)).

Consequential amendments

4.2.3. The CTA Regs will be able to make consequential amendments to other Acts and to include any necessary transitional or savings provisions (CTA Bill s-cl.13(5)). This would cover amendments to Acts that had been amended by the Schedule to the CTA Bill. This power might be needed to deal with a Principal Act that is amended by Schedule 1, but needs further amendment because of Bills in the Parliament that amend the Principal Act.

4.2.4. Any consequential amendment to an Act will be able to be incorporated into the body of the Act itself (CTA Bill s-cl.14(6)).

Commencement of regulations

4.2.5. Any regulations made during the first 12 months after the CTA Bill commences will be able to commence before the day they are made, but not before the CTA Bill commences (CTA Bill s-cl.14(7)). This will cover cases such as Bills in Parliament that become Acts after the CTA Bill commences and need to be amended retrospectively back to their own commencement date.

Other regulation-making powers

4.2.6. The general provisions for regulations will not limit any other regulation making power in the CTA Bill (CTA Bill s-cl.14(8)).

4.2.7. The CTA Bill also contains the following specific powers to make regulations relating to

• transitional period for first-tier rights (see CTA Bill cl.4);

• s.82D determinations under 1922 PSA (see CTA Bill cl.5);

• entitlements to re-engagement of persons with second-tier mobility rights (see CTA Bill cl.7);

• retirement and redeployment of Secretaries (see CTA Bill cl.8); and

• application of repealed Acts to Parliamentary Departments (see CTA Bill cl.12).

SCHEDULE 1 – REPEALS AND AMENDMENTS

This Schedule contains the amendments of Acts consequential upon the commencement of the Public Service Act 1997. The item numbers refer to the amendments in the Schedule to the CTA Bill.

Aboriginal and Torres Strait Islander Commission Act 1989

1.1. This removes a reference to 1922 PSA s.87E.

1.2. This removes a reference to 1922 PSA s.87E for the ATSIC CEO.

1.3. This changes the APS staffing provisions for the Aboriginal and Torres Strait Islander Commission (s.55 of that Act).

1.4. As above.

1.5. This removes a reference to 1922 PSA s.87E for the ATSIC Director of Evaluation and Audit.

1.6. This amends in accordance with the DTT para (n) - A.

1.7. This amends in accordance with the DTT para (n) - A.

1.8. This removes a reference to 1922 PSA s.87E.

1.9. This removes a reference to 1922 PSA s.87E for the Chairperson of a Regional Council.

1.10. This amends in accordance with the DTT.

1.11. This removes a reference to 1922 PSA s.87E.

1.12. This removes a reference to 1922 PSA s.87E.

1.13. This changes the APS staffing provisions for the Torres Strait Regional Authority (TSRA - s.144R of that Act).

1.14. As above.

1.15. This removes a reference to 1922 PSA s.87E for the TSRA Administrator.

1.16. This amends in accordance with the DTT para (n) - A.

1.17. This removes a reference to 1922 PSA s.87E.

1.18. This changes the APS staffing provisions for Aboriginal Hostels Limited (s.200 of that Act).

1.19. As above.

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

1.20. This amends in accordance with the DTT.

1.21. This is consequential on the DTT amendment above.

Aboriginal Councils and Associations Act 1976

1.22. This amends in accordance with the DTT.

Aboriginal Land Rights (Northern Territory) Act 1976

1.23. This translates a reference to ‘Permanent Head’ to ‘Secretary’.

1.24. This amends in accordance with the DTT.

1.25. This is a consequential on the DTT amendment above.

1.26. This amends in accordance with the DTT.

Acts Interpretation Act 1901

1.27. This ensures that the reference to a Secretary in para 19B(3)(a) continues as a reference to a Secretary of a Department of State within the meaning of the PS Bill.

1.28. This ensures that a reference to a Secretary in para 19BA(3)(a) continues as a reference to a Secretary of a Department of State within the meaning of the PS Bill.

Administrative Appeals Tribunal Act 1975

1.29. This removes a reference to 1922 PSA s.87E.

1.30. This removes a reference to 1922 PSA s.87E for the ATT Registrar (s.24G of that Act).

1.31. This amends in accordance with the DTT.

1.32. This amends in accordance with the DTT.

1.33. This amends in accordance with the DTT.

1.34. This changes the APS staffing provisions for the Administrative Appeals Tribunal (s.24P of that Act).

1.35. This amends in accordance with the DTT.

Administrative Arrangements Act 1987

1.36. This amends in accordance with the DTT.

1.37. This amends in accordance with the DTT.

Administrative Decisions (Judicial Review) Act 1977

1.38. This amends in accordance with the DTT.

1.39. This omits the current exclusion of transfers or promotions under 1922 PSA s.53A (no equivalent provision in PS Bill).

1.40. This amends in accordance with the DTT.

1.41. This amends in accordance with the DTT.

Affirmative Action (Equal Opportunity for Women) Act 1986

1.42. This changes the staffing provisions for the Affirmative Action Agency (s.29 of that Act).

1.43. As above.

Agricultural and Veterinary Chemicals (Administration) Act 1992

1.44. This amends in accordance with the DTT.

1.45. This removes a reference to 1922 PSA s.87E for the Chief Executive.

1.46. This amends in accordance with the DTT.

1.47. This amends in accordance with the DTT para (d) - B.

Agricultural and Veterinary Chemicals Products (Collection of Interim Levy) Act 1994

1.48. This amends in accordance with the DTT.

Aircraft Noise Levy Collection Act 1995

1.49. This amends in accordance with the DTT para (n) - B.

1.50. This amends in accordance with the DTT para (n) - B.

1.51. This amends in accordance with the DTT para (n) - B.

1.52. This amends in accordance with the DTT para (n) - B.

Airline Equipment (Loan Guarantee) Act 1972

1.53. This amends in accordance with the DTT.

1.54. This amends in accordance with the DTT.

Airline Equipment (Loan Guarantee) Act 1976

1.55. This amends in accordance with the DTT.

1.56. This amends in accordance with the DTT.

Airline Equipment (Loan Guarantee) Act 1977

1.57. This amends in accordance with the DTT.

1.58. This amends in accordance with the DTT.

Airline Equipment (Loan Guarantee) Act 1978

1.59. This amends in accordance with the DTT.

1.60. This amends in accordance with the DTT.

Airline Equipment (Loan Guarantee) (No. 2) Act 1978

1.61. This amends in accordance with the DTT.

1.62. This amends in accordance with the DTT.

Airline Equipment (Loan Guarantee) Act 1980

1.63. This amends in accordance with the DTT.

1.64. This amends in accordance with the DTT.

Airline Equipment (Loan Guarantee) Act 1981

1.65. This amends in accordance with the DTT.

1.66. This amends in accordance with the DTT.

Airports Act 1996

1.67. This amends in accordance with the DTT.

1.68. This omits a definition of ‘SES office’ consequential on the above amendment.

1.69. This amends in accordance with the DTT.

1.70. This omits a definition of ‘SES office’ consequential on the above amendment.

Air Services Act 1995

1.71. This removes a reference to 1922 PSA s.87E.

Albury-Wodonga Development Act 1973

1.72. This amends in accordance with the DTT.

1.73. This amends in accordance with the DTT.

1.74. This amends in accordance with the DTT.

1.75. This amends in accordance with the DTT.

1.76. This amends in accordance with the DTT.

1.77. This removes a reciprocal mobility provision.

ANL Guarantee Act 1994

1.78. This amends in accordance with the DTT para (n) - B.

1.79. This amends in accordance with the DTT.

Anti-Dumping Authority Act 1988

1.80. This removes a reference to 1922 PSA s.87E.

Archives Act 1983

1.81. This amends in accordance with the DTT para (k).

1.82. This amends in accordance with the DTT.

1.83. This amends in accordance with the DTT para (d) - B.

1.84. This amends in accordance with the DTT.

Audit Act 1901

1.85. This changes the APS staffing provisions for the Australian National Audit Office if the Audit Act 1901 is still in force when the PS Bill commences.

Auditor-General Act 1997

1.86. This changes the APS staffing provisions for the Australian National Audit Office if the Auditor-General Bill 1997 is in force when the PS Bill commences.

1.87. As above.

Australia Council Act 1975

1.88. This removes a reference to 1922 PSA s.87E.

1.89. This amends in accordance with the DTT.

1.90. This removes a reference to 1922 PSA s.87E for the General Manager.

Australia-Japan Foundation Act

1.91. This amends in accordance with the DTT.

Australian Bicentennial Road Development Trust Fund Act 1982

1.92. This amends in accordance with the DTT.

Australian Broadcasting Corporation Act 1983

1.93. This removes a reference to 1922 PSA s.87E.

Australian Bureau of Statistics Act 1975

1.94. This amends in accordance with the DTT.

1.95. This changes the APS staffing provisions for the Australian Bureau of Statistics.

1.96. This removes an obsolete reference to the PSB.

1.97. This continues the change to the staffing provisions.

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

1.98. This is a consequential amendment as the concept of an unattached officer is not used in the PS Bill.

1.99. This removes a reciprocal mobility provision.

1.100. This amends and saves the provision for the transfer of personnel files (s.8 of that Act) on the establishment of the separate ACT public service.

1.101. As above.

1.102. As above.

1.103. As above.

1.104. As above.

1.105. This amends in accordance with the DTT.

1.106. This amends in accordance with the DTT.

1.107. This amends in accordance with the DTT.

1.108. This is consequential on the earlier amendments.

1.109. As above.

1.110. This preserves leave entitlements accrued in ACT service.

1.111. As above.

1.112. This amends in accordance with the DTT.

1.113. This amends in accordance with the DTT.

1.114. This amends in accordance with the DTT.

1.115. This amends in accordance with the DTT.

1.116. This amends in accordance with the DTT.

1.117. This brings up to date a reference to the current APS General Conditions of Employment Award 1995.

1.118. As above.

1.119. This amends in accordance with the DTT.

1.120. This amends in accordance with the DTT.

Australian Capital Territory (Planning and Land Management) Act 1988

1.121. This removes a reference to 1922 PSA s.87E.

1.122. This changes the APS staffing provisions for the National Capital Planning Authority (s.47 of that Act).

1.123. As above.

Australian Centre for International Agricultural Research Act 1982

1.124. This amends in accordance with the DTT.

1.125. This removes a reference to 1922 PSA s.87E.

1.126. This changes the APS staffing provisions for the Australian Centre for International Agricultural Research (s.30 of that Act).

1.127. As above.

1.128. This amends in accordance with the DTT.

1.129. This amends in accordance with the DTT.

Australian Communications Authority Act 1997

1.130. This removes a reference to 1922 PSA s.87E.

1.131. This changes the APS staffing provisions for the Australian Communications Authority (s.40 of that Act).

1.132. As above.

Australian New Zealand Food Authority Act 1991

1.133. This amends in accordance with the DTT.

1.134. This amends in accordance with the DTT.

1.135. This amends in accordance with the DTT.

1.136. This amends in accordance with the DTT.

1.137. This changes the APS staffing provisions for the Australian New Zealand Food Authority (s.53 of that Act).

1.138. As above.

Australian Film Commission Act 1975

1.139. This removes a reference to 1922 PSA s.87E.

Australian Film, Television and Radio School Act 1973

1.140. This removes a reference to 1922 PSA s.87E.

Australian Hearing Services Act 1991

1.141. This amends in accordance with the DTT.

1.142. This makes a change, consequential on the above amendment.

1.143. This amends in accordance with the DTT.

1.144. This amends in accordance with the DTT.

1.145. This amends in accordance with the DTT.

1.146. This amends in accordance with the DTT.

1.147. This amends in accordance with the DTT para (n) - B.

Australian Heritage Commission Act 1975

1.148. This amends in accordance with the DTT.

1.149. This amends in accordance with the DTT.

1.150. This amends in accordance with the DTT.

1.151. This amends in accordance with the DTT.

1.152. This amends in accordance with the DTT.

Australian Industry Development Corporation Act 1970

1.153. This repeals a Part IV mobility provision.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

1.154. This changes the APS staffing provisions for the Australian Institute of Aboriginal and Torres Strait Islander Studies (s.29 of that Act).

1.155. As above.

1.156. This removes a reference to 1922 PSA s.87E.

Australian Institute of Health and Welfare Act 1987

1.157. This removes a reference to 1922 PSA s.87E.

1.158. This changes the APS staffing provisions for the Australian Institute of Health and Welfare (s.19 of that Act).

1.159. As above.

Australian Institute of Marine Science Act 1972

1.160. This removes a reference to 1922 PSA s.87E for the Director.

1.161. This amends in accordance with the DTT.

Australian Land Transport Development Act 1988

1.162. This amends in accordance with the DTT.

Australian Land Transport (Financial Assistance) Act 1985

1.163. This amends in accordance with the DTT.

Australian Law Reform Commission Act 1996

1.164. This removes a reference to 1922 PSA s.87E.

Australian Maritime Safety Authority Act 1990

1.165. This removes a reference to 1922 PSA s.87E.

1.166. This removes a reference to 1922 PSA s.87E for the Chief Executive.

1.167. This removes a reference to ‘Associate Secretary’ in a delegation power - no such concept in PS Bill.

1.168. This amends in accordance with the DTT para (n) - B.

Australian National Maritime Museum Act 1990

1.169. This removes a reference to 1922 PSA s.87E.

1.170. This changes the APS staffing provisions for the Australian National Maritime Museum (s.40 of that Act).

1.171. As above.

1.172. This amends in accordance with the DTT.

1.173. This amends in accordance with the DTT.

Australian National Training Authority Act 1992

1.174. This removes a reference to 1922 PSA s.87E.

1.175. This amends in accordance with the DTT.

1.176. This amends in accordance with the DTT.

1.177. This removes a reference to 1922 PSA s.87E for the CEO.

1.178. This changes the APS staffing provisions for the Australian National Training Authority (s.45 of that Act).

1.179. As above.

1.180. This amends in accordance with the DTT.

1.181. This amends in accordance with the DTT.

Australian Nuclear Science and Technology Organisation Act 1987

1.182. This removes a reference to 1922 PSA s.87E for the Executive Director (s.21A of that Act).

1.183. This amends in accordance with the DTT.

1.184. This amends in accordance with the DTT.

1.185. This removes a reference to 1922 PSA s.87E for the Director (s.37J of that Act).

1.186. This amends in accordance with the DTT.

1.187. This amends in accordance with the DTT.

Australian Protective Service Act 1987

1.188. This amends in accordance with the DTT.

1.189. This amends in accordance with the DTT.

1.190. This converts a reference to a 1922 PSA s.82D determination to a similar determination under cl.24 of the PS Bill.

Australian Science and Technology Council Act 1978

1.191. This amends in accordance with the DTT.

1.192. This removes a reference to 1922 PSA s.87E.

1.193. This amends in accordance with the DTT.

Australian Securities Commission Act 1989

1.194. This removes a reference to 1922 PSA s.87E for a Full-Time Member.

1.195. This changes the APS staffing provisions for the Australian Securities Commission (s.120 of that Act).

1.196. As above.

1.197. This amends in accordance with the DTT.

1.198. This amends in accordance with the DTT.

1.199. This changes the APS staffing provisions for the Companies and Securities Advisory Committee (CSAC - s.156 of that Act).

1.200. As above.

1.201. This amends in accordance with the DTT.

1.202. This removes a reference to 1922 PSA s.87E for a Full-Time Member of the CSAC.

Australian Security Intelligence Organization Act 1979

1.203. This amends in accordance with the DTT.

1.204. This removes a reference to 1922 PSA s.87E.

1.205. This repeals a definition of an SES office - no longer required with the removal of the concept of office from the PS Bill.

1.206. This amends to recognise that the APS SES is now composed of ‘SES employees’.

1.207. This amends in accordance with the DTT.

1.208. This removes a reciprocal mobility provision.

Australian Space Council Act 1994

1.209. This amends in accordance with the DTT.

Australian Sports Commission Act 1989

1.210. This removes a reference to 1922 PSA s.87E.

1.211. This removes a reference to 1922 PSA s.87E for the Executive Director (s.35 of that Act).

1.212. This amends in accordance with the DTT.

1.213. This amends in accordance with the DTT.

Australian Sports Drug Agency Act 1987

1.214. This removes a reference to 1922 PSA s.87E.

1.215. This amends in accordance with the DTT.

1.216. This amends in accordance with the DTT.

Australian Tourist Commission Act 1987

1.217. This amends in accordance with the DTT.

1.218. This removes a reference to 1922 PSA s.87E.

1.219. This removes a reference to 1922 PSA s.87E.

Australian Trade Commission Act 1985

1.220. This amends in accordance with the DTT.

1.221. This removes a reference to 1922 PSA s.87E.

1.222. This removes a reciprocal mobility provision.

Australian War Memorial 1980

1.223. This removes a reference to 1922 PSA S.87E.

1.224. This changes the APS staffing provisions for the Australian War Memorial (s.27 of that Act).

1.225. As above.

1.226. This amends in accordance with the DTT.

Australian Wine and Brandy Corporation Act 1980

1.227. This amends in accordance with the DTT.

Australian Wool Research and Promotion Organisation Act 1993

1.228. This changes the definition of ‘designated group’ for EEO purposes from that contained in 1922 PSA to the definition that will be included in the Directions by the Public Service Commissioner under the PS Bill.

Banking Act 1959

1.229. This amends s.69D of that Act dealing with disclosure of information in accordance with the DTT.

Bank Integration Act 1991

1.230. This amends in accordance with the DTT para (o) - B.

Bankruptcy Act 1966

1.231. This amends in accordance with the DTT.

Bounty (Books) Act 1986

1.232. This amends in accordance with the DTT para (f) - B.

Broadcasting Services Act 1992

1.233. This changes the APS staffing provisions for the Australian Broadcasting Authority (s.165 of that Act).

1.234. As above.

Chemical Weapons (Prohibition) Act 1994

1.235. This amends in accordance with the DTT para (n) - B.

Child Support (Assessment) Act 1989

1.236. This converts a reference to the Registrar in terms of the 1922 PSA to a reference to the Commissioner of Taxation (who is also the Registrar) as the Agency Head under the PS Bill.

1.237. As above.

Child Support (Registration and Collection) Act 1988

1.238. This converts a reference to the Registrar in terms of the 1922 PSA to a reference to the Commissioner of Taxation (who is also the Registrar) as the Agency Head under the PS Bill.

1.239. As above.

Christmas Island Act 1958

1.240. This amends in accordance with the DTT.

1.241. This amends in accordance with the DTT - (k).

Civil Aviation Act 1988

1.242. This removes a reference to 1922 PSA s.87E for the Chairperson.

Classification (Publications, Films and Computer Games) Act 1995

1.243. This changes the APS staffing provisions for the Classification Board (s.54 of that Act).

1.244. As above.

1.245. This amends in accordance with the DTT.

1.246. This removes a reference to 1922 PSA s.87E.

Cocos (Keeling) Islands Act 1955

1.247. This amends in accordance with the DTT.

1.248. This amends in accordance with the DTT - (k).

Commonwealth Bank Sale Act 1995

1.249. This amends in accordance with the DTT para (n) - B.

Commonwealth Electoral Act 1918

1.250. This amends in accordance with the DTT.

1.251. This removes a reference to 1922 PSA s.87E.

1.252. This changes the APS staffing provisions for the Australian Electoral Commission (s.29 of that Act).

1.253. As above.

1.254. This removes an obsolete reference to the PSB.

1.255. This removes a Part IV mobility provision.

1.256. This amends in accordance with the DTT s.60 of that Act dealing with the Redistribution Committee for a State.

1.257. As above.

1.258. As above.

1.259. As above.

1.260. As above.

1.261. This amends in accordance with the DTT s.61 of that Act dealing with a Redistribution Committee for the ACT.

1.262. As above.

1.263. As above.

1.264. As above.

1.265. As above.

1.266. As above.

1.267. This amends in accordance with the DTT.

1.268. This amends in accordance with the DTT.

1.269. This amends s.193 of that Act in accordance with the DTT.

1.270. This amends in accordance with the DTT.

1.271. This amends in accordance with the DTT.

1.272. This amends in accordance with the DTT.

1.273. This amends in accordance with the DTT.

Commonwealth Grants Commission Act 1973

1.274. This removes a reference to 1922 PSA s.87E.

1.275. This amends in accordance with the DTT.

Commonwealth Inscribed Stock Act 1911

1.276. This amends in accordance with the DTT - (o) - B.

1.277. This amends in accordance with the DTT - (o) - B.

Commonwealth Serum Laboratories Act 1961

1.278. This amends in accordance with the DTT - (n) - B.

1.279. This omits definition of SES officer, consequential on previous amendment.

Commonwealth Services Delivery Agency Act 1997

1.280. This amends in accordance with the DTT - (k).

1.281. This changes the APS staffing provisions for the Commonwealth Services Delivery Agency (s.35 of that Act).

1.282. As above.

Complaints (Australian Federal Police) Act 1981

1.283. This amends in accordance with the DTT.

1.284. This amends in accordance with the DTT.

Construction Industry Reform and Development Act 1992

1.285. This removes a reference to 1922 PSA s.87E.

Co-operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978

1.286. This amends in accordance with the DTT.

Copyright Act 1968

1.287. This amends in accordance with the DTT.

Cotton Research Act 1982

1.288. This amend in accordance with the DTT.

Council for Aboriginal Reconciliation Act 1991

1.289. This removes a reference to 1922 PSA s.87E for the Full-Time Chairperson.

1.290. This amends in accordance with a DTT.

1.291. This amends in accordance with a DTT para (n) - B.

Crimes Act 1914

1.292. This amends in accordance with the DTT.

1.293. This amends in accordance with the DTT para (f) - B.

1.294. This amends in accordance with the DTT para (f) - B.

1.295. This amends in accordance with the DTT in relation to evidentiary certificates under s.56 of that Act.

1.296. This amends in accordance with the DTT s.85ZL which contains definitions for Part VIIC of that Act.

1.297. As above.

Crimes (Aviation) Act 1991

1.298. This amends in accordance with the DTT para (n) - B.

1.299. This amends in accordance with the DTT.

1.300. This amends in accordance with the DTT.

Criminology Research Act 1971

1.301. This removes a reference to 1922 PSA s.87E.

CSL Sale Act 1993

1.302. This amends in accordance with the DTT - (n) - B.

1.303. This amends in accordance with the DTT - (n) - B.

Customs Administration Act 1985

1.304. This removes a reference to 1922 PSA s.87E.

1.305. This changes the APS staffing provisions for the Australian Customs Service (s.15 of that Act).

1.306. As above.

Dairy Produce Act 1986

1.307. This amends in accordance with the DTT.

1.308. This changes the definition of ‘designated group’ for EEO purposes from that contained in 1922 PSA to the definition that will be included in the Directions by the Public Service Commissioner under the PS Bill.

Debits Tax Administration Act 1982

1.309. This amends in accordance with the DTT (f) - B.

Deer Velvet Export Charge Act 1992

1.310. This amends the delegation provision in s.8 of that Act in accordance with the DTT (f) - B.

Deer Velvet Levy Act 1992

1.311. This amends the delegation provision in s.11 of that Act in accordance with the DTT (f) - B.

Defence Act 1903

1.312. This converts a reference to a 1922 PSA s.82D determination to a determination under cl.24 of the PS Bill.

1.313. This amends in accordance with the DTT (f) - B.

1.314. This amends in accordance with the DTT (f) - B.

1.315. This amends in accordance with the DTT.

1.316. This amends in accordance with the DTT.

1.317. This converts a reference to a 1922 PSA s.82D determination to a determination under cl.24 of the PS Bill.

Defence Force Discipline Act 1982

1.318. This amends in accordance with the DTT.

Defence Force Discipline Appeals Act 1955

1.319. This amends in accordance with the DTT.

Defence Force Retirement and Death Benefits Act 1973

1.320. This converts a reference to a 1922 PSA s.82D determination to a determination under cl.24 of the PS Bill.

Defence Housing Authority Act 1987

1.321. This amends in accordance with the DTT a definition of designated office in the Department of Defence (s.3 of that Act).

1.322. This amends in accordance with the DTT.

1.323. This amends in accordance with the DTT.

1.324. This amends in accordance with the DTT.

1.325. This removes a reference to 1922 PSA s.87E for the Managing Director.

1.326. This changes the APS staffing provisions for the Defence Housing Authority (s.57 of that Act).

1.327. As above.

1.328. This amends in accordance with the DTT para (o) - A.

1.329. This amends in accordance with the DTT para (o) - A.

Defence Service Homes Act 1918

1.330. This amends in accordance with the DTT.

1.331. This amends in accordance with the DTT.

Defence (Special Undertakings) Act 1952

1.332. This amends in accordance with the DTT (f) - B.

Designs Act 1906

1.333. This amends a delegation provision in accordance with the DTT.

1.334. As above.

Development Allowance Authority Act 1992

1.335. This removes a reference to 1922 PSA s.87E.

1.336. This amends in accordance with the DTT.

1.337. This amends in accordance with the DTT.

Director of Public Prosecutions Act 1983

1.338. This removes a reference to 1922 PSA s.87E.

1.339. This changes the APS staffing provisions for the Office of the Director of Public Prosecutions (s.27 of that Act).

1.340. As above.

1.341. This amends in accordance with the DTT para (n) - A.

Disability Discrimination Act 1992

1.342. This amends in accordance with the DTT.

1.343. This amends in accordance with the DTT.

1.344. This removes a reference to 1922 PSA s.87E.

Disability Services Act 1986

1.345. This amends in accordance with the DTT.

1.346. This removes definitions, consequential on the above amendment.

Economic Planning Advisory Commission Act 1983

1.347. This removes a reference to 1922 PSA s.87E.

1.348. This changes the APS staffing provisions for the Economic Planning Advisory Commission (s.16 of that Act).

1.349. As above.

Education Legislation Amendment Act 1997

1.350. This removes a Part IV mobility provision.

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991

1.351. This amends in accordance with the DTT - (n) - B.

Employment Education and Training Act 1988

1.352. This removes a reference to 1922 PSA s.87E for a Full-Time Member of the Board.

1.353. This amends in accordance with the DTT.

1.354. This amends in accordance with the DTT.

1.355. This removes a reference to 1922 PSA s.87E for a Chairperson of a Council.

1.356. This amends in accordance with the DTT.

1.357. This amends in accordance with the DTT.

1.358. This links an annual report requirement for the Commonwealth Employment Service to the new annual report requirement in cl.56 of the PS Bill.

Employment Services Act 1994

1.359. This removes a reference to 1922 PSA s.87E.

1.360. This removes a reference to 1922 PSA s.87E.

1.361. This changes the APS staffing provisions for the Employment Services Regulatory Agency (s.110 of that Act).

1.362. This amends in accordance with the DTT.

Endangered Species Protection Act 1992

1.363. This amends in accordance with the DTT.

1.364. This amends in accordance with the DTT.

Environment Protection (Alligator Rivers Region) Act 1978

1.365. This amends in accordance with the DTT para (k).

1.366. This amends in accordance with the DTT.

1.367. This amends in accordance with the DTT.

1.368. This amends in accordance with the DTT.

Evidence Act 1995

1.369. This inserts a new ‘Dictionary’ provision to ensure that references to offices under Australian laws are interpreted having regard to the fact that the PS Bill does not use the concept of office in relation to APS employees.

Family Law Act 1975

1.370. This amends the definition of Welfare Officer in s.4 of that Act in accordance with the DTT para (d) - A.

1.371. This removes a reference to 1922 PSA s.87E for a Full-Time Judicial Registrar (s.26JA of that Act).

1.372. This amends in accordance with the DTT.

1.373. This amends in accordance with the DTT.

1.374. This removes a reference to 1922 PSA s.87E for the CEO (s.386 of that Act).

1.375. This amends in accordance with the DTT.

1.376. This amends in accordance with the DTT.

1.377. This amends in accordance with the DTT.

1.378. This changes the APS staffing provisions for the Family Court of Australia (s.38Q of that Act).

1.379. This amends to take account of the fact that under the PS Bill members of the SES are not now appointed to an office.

1.380. This removes a reference to 1922 PSA s.87E for the Director of the Institute of Family Studies.

1.381. This changes the APS staffing provisions for the Australian Institute of Family Studies (s.114M of that Act).

1.382. As above.

1.383. This amends in accordance with the DTT.

Federal Airports Corporation Act 1986

1.384. This amends in accordance with the DTT.

1.385. This amends in accordance with the DTT.

1.386. This removes a reference to 1922 PSA s.87E for the Chairperson.

1.387. This amends a ‘make available’ provision (s.61 of that Act) in accordance with the DTT.

1.388. As above.

1.389. As above.

1.390. This amends in accordance with the DTT para (n) - B.

Federal Court of Australia Act 1976

1.391. This removes a reference to 1922 PSA s.87E.

1.392. This removes a reference to 1922 PSA s.87E for the Registrar.

1.393. This amends s.18N of that Act dealing with Court personnel other than the Registrar in accordance with the DTT.

1.394. As above.

1.395. As above.

1.396. As above.

1.397. As above.

1.398. This changes the APS staffing provisions for the Federal Court of Australia (s.18Q) of that Act.

1.399. This amends in accordance with the DTT.

1.400. This removes a reference to 1922 PSA s.87E for a Full-Time Assessor.

Financial Corporations Act 1974

1.401. This amends in accordance with the DTT.

Financial Transaction Reports Act 1988

1.402. This amends in accordance with the DTT.

1.403. This removes a reference to 1922 PSA s.87E.

1.404. This changes the APS staffing provisions for Australian Transactions Report and Analysis Centre (s.40 of that Act).

1.405. As above.

First Homeowners Act 1983

1.406. This repeals the definition of Secretary.

Fisheries Management Act 1991

1.407. This amends in accordance with the DTT.

1.408. This amends in accordance with the DTT.

Fishing Industry Research Act 1969

1.409. This amends in accordance with the DTT.

Foreign Evidence Act 1994

1.410. This amends s.26 of that Act in accordance with the DTT.

Forestry and Timber Bureau Act 1930

1.411. This amends the provisions in s.3 dealing with the establishment of the Bureau in accordance with the DTT.

Freedom of Information Act 1982

1.412. This amends in accordance with the DTT.

Fringe Benefits Tax (Application to the Commonwealth) Act 1986

1.413. This amends the definition of ‘Department’ to take account of the terminology changes in the PS Bill.

Fringe Benefits Tax Assessment Act 1986

1.414. This amends in accordance with the DTT.

Governor-General Act 1974

1.415. Since 1984 the Governor-General Act 1974 has made provision for the statutory appointment of the Official Secretary to the Governor-General in whom is vested the power to employ Government House staff. This amendment gives statutory recognition to the organisation comprising the Official Secretary and the staff employed by the Official Secretary to be known as the Office of the Official Secretary to the Governor-General. The amendment also includes a brief description of the function of the Office, namely to assist the Governor-General.

1.416. The replacement section 14 provides a simpler provision for the determination of the terms and conditions of employment of staff engaged by the Official Secretary and removes an obsolete reference to approval by the PSB.

1.417. The repeal of sections 16 and 7 of the Governor-General Act remove provisions that provided for the application of the mobility arrangements of Part IV of 1922 PSA for APS officers employed under the Governor-General Act and provided similar arrangements for temporary employees who in 1984 had redeployment rights under the CE(RR) Act 1979.

1.418. As above.

Great Barrier Reef Marine Park Act 1975

1.419. This removes a reference to 1922 PSA s.87E for the Chairperson (s.13 of that Act).

1.420. This changes the APS staffing provisions for the Great Barrier Reef Marine Park Authority (s.40 of that Act).

1.421. As above.

1.422. This amends in accordance with the DTT.

1.423. This amends in accordance with the DTT.

Hazardous Waste (Regulation of Exports and Imports) Act 1989

1.424. This amends in accordance with the DTT para (o) - B.

Health Insurance Act 1973

1.425. This amends in accordance with the DTT.

1.426. This removes a reference to 1922 PSA s.87E for the Director (under s.106ZB of that Act).

1.427. This changes the APS staffing provisions for the Office of Professional Services Review (s.106ZM of that Act).

1.428. This amends in accordance with the DTT.

Health Insurance Commission Act 1973

1.429. This amends in accordance with the DTT para (k).

1.430. This removes a reference to 1922 PSA s.87E for the Managing Director.

High Court of Australia Act 1979

1.431. This removes a reference to 1922 PSA s.87E for the Chief Executive and Principal Registrar (s.22 of that Act).

1.432. This removes an obsolete reference to the PSB.

1.433. This amends a ‘make available’ provision (in s.26 of that Act) in accordance with the DTT.

1.434. As above.

Housing Assistance Act 1996

1.435. This amends the potential recipients of payments (under s.8 of that Act) to take account of the changed terminology for APS agencies under the PS Bill.

1.436. As above.

1.437. This amends in accordance with the DTT.

Housing Loans Insurance Corporation (Sale of Assets and Abolition) Act 1990

1.438. This amends in accordance with the DTT.

Human Rights and Equal Opportunity Commission Act 1986

1.439. This removes a reference to 1922 PSA s.87E.

1.440. This changes the APS staffing provisions for the Human Rights and Equal Employment Opportunity Commission (s.43 of that Act).

1.441. As above.

1.442. This removes a reference to 1922 PSA s.87E.

Immigration (Education) Act 1971

1.443. This amends in accordance with the DTT.

Income Tax Assessment Act 1936

1.444. This amends a delegation provision (in s-sec.51AL(23) of that Act) to take account of the terminology used in the PS Bill.

1.445. As above.

1.446. As above.

1.447. As above.

1.448. This amends (s.124K of that Act) in accordance with the DTT.

1.449. This amends a delegation provision (in s.1242ADAA of that Act) in accordance with the DTT para (n) - B.

1.450. As above.

1.451. This amends a delegation provision (in s.159UX of that Act) in accordance with the DTT para (n) - B.

1.452. As above.

Income Tax Assessment Act 1997

1.453. This amends in accordance with the DTT.

Industrial Chemicals (Notification and Assessment) Act 1989

1.454. This amends in accordance with the DTT.

1.455. This amends in accordance with the DTT.

1.456. This amends in accordance with the DTT.

1.457. This converts a reference to arrangements with the State or Territories under 1922 PSA s.78 to the corresponding arrangements under cl.64 of the PS Bill.

1.458. This removes a reference to 1922 PSA s.87E.

1.459. This amends in accordance with the DTT.

1.460. This amends in accordance with the DTT.

1.461. This amends in accordance with the DTT.

Industry Commission Act 1989

1.462. This removes a reference to 1922 PSA s.87E.

1.463. This changes the APS staffing provisions for the Industry Commission (s.43 of that Act).
1.464. As above.

Industry Research and Development Act 1986

1.465. This amends in accordance with the DTT para (o) - B.

1.466. This amends in accordance with the DTT para (k).

Inspector-General of Intelligence and Security Act 1986

1.467. This amends in accordance with the DTT.

1.468. This removes a reference to 1922 PSA s.87E.

1.469. This changes the APS staffing provisions for the Office of the Inspector-General of Intelligence and Security (s.32 of that Act).

1.470. As above.

Insurance Acquisitions and Takeovers Act 1984

1.471. This amends in accordance with the DTT para (c).

1.472. This amends in accordance with the DTT para (b).

1.473. This amends in accordance with the DTT para (b).

1.474. This amends in accordance with the DTT.

1.475. This repeals a provision consequential on the above amendment.

Insurance (Agents and Brokers) Act 1984

1.476. This amends in accordance with the DTT.

1.477. This amends in accordance with the DTT.

1.478. This amends in accordance with the DTT para (b).

1.479. This amends in accordance with the DTT.

1.480. This repeals a provision consequential on the preceding amendments.

Insurance and Superannuation Commissioner Act 1992

1.481. This removes a reference to 1922 PSA s.87E.

1.482. This changes the APS staffing provisions for the Insurance and Superannuation Commission (s.13 of that Act).

1.483. As above.

Insurance Contracts Act 1984

1.484. This amends in accordance with the DTT.

1.485. This amends in accordance with the DTT para (b).

1.486. This amends in accordance with the DTT para (b).

1.487. This amends in accordance with the DTT.

1.488. This removes a provision, consequential on the preceding amendment.

1.489. This amends in accordance with the DTT.

Insurance Supervisory Levies Collection Act 1989

1.490. This converts terminology in the 1922 PSA into the terminology used in the PS Bill.

International Air Services Commission Act 1992

1.491. This removes a reference to 1922 PSA s.87E.

International Shipping (Australian-Resident Seafarers) Grants Act 1995

1.492. This amends in accordance with the DTT para (n) - B.

1.493. This omits a provision, consequential on the amendment above.

1.494. This amends in accordance with the DTT.

International Transfer of Prisoners Act 1997

1.495. This amends in accordance with the DTT para (n) - B.

Lands Acquisition Act 1989

1.496. This amends in accordance with the DTT.

Life Insurance Act 1995

1.497. This amends in accordance with the DTT.

Long Service Leave (Commonwealth Employees) Act 1976

1.498. This amends in accordance with the DTT.

1.499. This amends the definition of minimum retiring age.

1.500. As above.

1.501. This amends the delegation provision (in s.9 of that Act). Consistent with the policy of vesting employer powers in Agency Heads, the Long Service Leave and Maternity Leave Acts have been amended to directly vest in agency heads and chief executive officers of non-APS agencies various discretionary powers in relation to long service leave and maternity leave that are currently vested in the Secretary of DIR. These powers had already been devolved to agency heads through a complex mixture of delegation and provisions in the APS Enterprise Agreement 1995–96. This has created the opportunity to modernise the delegations powers in these Acts, by standardising them with the delegations provision in the PS Bill. This will simplify administration of personnel delegations and so contribute to the achievement of cost effective personnel services.

1.502. This amends the sub-delegation provision (in s.9A of that Act). See also comments in relation to amendment of s.9 of that Act.

1.503. As above.

1.504. As above.

1.505. This amends in accordance with the DTT.

Management and Investment Companies Act 1983

1.506. This amends in accordance with the DTT.

Maternity Leave (Commonwealth Employees) Act 1973

1.507. This amends in accordance with the DTT.

1.508. This amends the definition of ‘Secretary’.

1.509. This amends in accordance with the DTT para (k).

1.510. This amends an application provision to take account of the proposed separate staffing arrangements for the Parliamentary Departments.

1.511. This removes a Part IV mobility provision.

1.512. As above.

1.513. This amends the Act to take account of return to work after maternity leave provisions in the WRA.

1.514. This amends a delegation provision (in s.11 of that Act) in accordance with the DTT.

1.515. This amends a sub-delegation provision (in s.12 of that Act) in accordance with the DTT. See also comments under amendment to s.9 of the Long Service Leave (Commonwealth Employees) Act 1976.

1.516. As above.

Meat and Live-stock Industry Act 1995

1.517. This changes the definition of ‘designated group’ for EEO purposes from that contained in the 1922 PSA to the definition that will be included in the Directions by the Public Service Commissioner under the PS Bill.

Meat Inspection Arrangements Act 1964

1.518. This amends in accordance with the DTT.

Members of Parliament (Staff) Act 1984

1.519. This removes a reference to the MPRA.

1.520. This removes an obsolete reference to the PSB.

1.521. This amends in accordance with the DTT.

1.522. This amends in accordance with the DTT, para (k).

1.523. This amends in accordance with the DTT.

1.524. This amends the terms and conditions provision (in s.5 of that Act) to transfer the determination from the PSB to the Prime Minister.

1.525. This removes a Part IV mobility provision.

1.526. As above.

1.527. This amends in accordance with the DTT.

1.528. This removes a provision consequent on the preceding amendment.

1.529. This removes the provisions dealing with the reintegration processes.

1.530. This amends in accordance with the DTT.

1.531. This removes a provision, consequent on the preceding amendment.

1.532. This removes a Part IV mobility provision.

1.533. As above.

Merit Protection (Australian Government Employees) Act 1984

1.534. This repeals the whole of that Act.

Migration Act 1958

1.535. This amends in accordance with the DTT para (n) - B.

1.536. This amends in accordance with the DTT.

1.537. This amends in accordance with the DTT.

1.538. This amends the provision relating to the Tribunal (under s.408 of that Act) in accordance with the DTT.

1.539. This amends in accordance with the DTT para (g).

1.540. This amends in accordance with the DTT para (g).

1.541. This amends in accordance with the DTT.

1.542. This amends in accordance with the DTT para (g).

Motor Vehicle Standards Act 1989

1.543. This amends in accordance with the DTT para (n) - B.

1.544. This amends in accordance with the DTT para (n) - B.

1.545. This amends in accordance with the DTT.

National Crime Authority Act 1984

1.546. This removes a reference to 1922 PSA s.87E for a Member of the NCA.

1.547. This changes the APS staffing provisions for the National Crime Authority (s.47 of that Act).

1.548. As above.

National Environment Protection Council Act 1994

1.549. This removes a reference to 1922 PSA s.87E.

1.550. This changes the APS staffing provisions for the National Environment Protection Council (NEPC) Service Corporation (s.49 of that Act).

1.551. As above.

1.552. This amends in accordance with the DTT.

National Gallery Act 1975

1.553. This removes a reference to 1922 PSA s.87E for the Director of the Gallery.

National Health Act 1953

1.554. This amends in accordance with the DTT para (k).

1.555. This removes a reference to 1922 PSA s.87E.

1.556. This amends in accordance with the DTT.

1.557. This amends in accordance with the DTT.

1.558. This removes a reference to 1922 PSA s.87E for Director (under s.82PN of that Act).

1.559. This amends in accordance with the DTT.

1.560. This amends in accordance with the DTT.

1.561. This removes a reference to 1922 PSA s.87E for the Complaints Commissioner (under s.82ZUD of that Act).

1.562. This amends in accordance with the DTT.

1.563. This amends in accordance with the DTT.

National Health and Medical Research Council Act 1992

1.564. This amends in accordance with the DTT para (n) - B.

1.565. This removes a reference to 1922 PSA s.87E for the Secretary to the Council.

1.566. This amends in accordance with the DTT para (d) - B.

1.567. This amends in accordance with the DTT para (d) - B.

1.568. This amends a ‘make available’ provision in accordance with the DTT.

1.569. As above.

1.570. As above.

National Labour Consultative Council Act 1977

1.571. This amends in accordance with the DTT.

1.572. This amends in accordance with the DTT.

National Library Act 1960

1.573. This amends in accordance with the DTT.

1.574. This amends in accordance with the DTT.

1.575. This changes the APS staffing provisions for the National Library of Australia (s.17 of that Act).

1.576. As above.

1.577. As above.

1.578. As above.

1.579. This removes a reference to 1922 PSA s.87E.

1.580. This amends in accordance with the DTT para (k).

National Museum of Australia Act 1980

1.581. This removes a reference to 1922 PSA s.87E for the Director.

1.582. This changes the APS staffing provisions for the National Museum of Australia (s.30 of that Act).

1.583. As above.

1.584. This amends in accordance with the DTT.

National Occupational Health and Safety Commission Act 1985

1.585. This removes a reference to 1922 PSA s.87E for the CEO.

1.586. This removes a reference to 1922 PSA s.87E for the Director.

1.587. This changes the APS staffing provisions for Worksafe Australia (s.53 of that Act).

1.588. As above.

1.589. This amends in accordance with the DTT.

1.590. This amends in accordance with the DTT para (b).

National Parks and Wildlife Conservation Act 1975

1.591. This removes a reference to 1922 PSA s.87E for the Director.

1.592. This changes the APS staffing provisions for Australian National Parks and Wildlife Service (s.34 of that Act).

1.593. As above.

1.594. This amends in accordance with the DTT.

1.595. This amends in accordance with the DTT para (b).

National Roads Act 1974

1.596. This amends in accordance with the DTT.

Native Title Act 1993

1.597. This removes a reference to 1922 PSA s.87E for the Registrar (under s.102 of that Act).

1.598. This removes a reference to 1922 PSA s.87E for a Full-Time Member.

1.599. This changes the APS staffing provisions for the National Native Title Tribunal (s.13 of that Act).

1.600. As above.

1.601. As above.

1.602. As above.

1.603. This amends in accordance with the DTT para (n) - B.

Natural Resources Management (Financial Assistance) Act 1992

1.604. This amends in accordance with the DTT.

Naval Defence Act 1910

1.605. This updates a reference to current industrial instruments under the WRA.

1.606. This removes an obsolete reference to the PSB.

1.607. This amends in accordance with the DTT para (k).

1.608. This converts a reference to 1922 PSA s.64 relating to attachment of salaries to the corresponding provision under cl.68 of the PS Bill.

1.609. This amends in accordance with the DTT.

Norfolk Island Act 1979

1.610. This amends in accordance with the DTT.

Nuclear Non-Proliferation (Safeguards) Act 1987

1.611. This amends in accordance with the DTT.

1.612. This removes a reference to 1922 PSA s.87E for the Director of Safeguards.

1.613. This amends in accordance with the DTT.

Occupational Health and Safety (Commonwealth Employment) Act 1991

1.614. This amends in accordance with the DTT.

1.615. This removes a reference to 1922 PSA s.87E.

1.616. This converts a reference to the 1922 PSA s.78 arrangements with the States and Territories to the corresponding arrangements in cl.64 of the PS Bill.

1.617. This amends in accordance with the DTT.

1.618. This amends in accordance with the DTT para (o) - B.

1.619. This amends in accordance with the DTT para (k).

Occupational Health and Safety (Maritime Industry) Act 1993

1.620. This converts the reference to arrangements with the States in s.78 of the 1922 PSA to the corresponding reference in cl.64 of the PS Bill.

Office of National Assessments Act 1977

1.621. This amends in accordance with the DTT.

1.622. This amends in accordance with the DTT.

1.623. This amends in accordance with the DTT.

1.624. This removes a reference to 1922 PSA s.87E for the Director General.

1.625. This changes the APS staffing provisions for the Office of National Assessments (s.17 of that Act).

1.626. As above.

1.627. As above.

1.628. As above.

Ombudsman Act 1976

1.629. This amends in accordance with the DTT para (o) - B.

1.630. This enables complaints to be referred to the Public Service Commissioner.

1.631. This removes a reference to 1922 PSA s.87E for the Ombudsman.

1.632. This changes the APS staffing provisions for

1.633. As above.

Overseas Students (Refunds) Act 1990

1.634. This amends in accordance with the DTT.

1.635. This amends in accordance with the DTT.

1.636. This amends in accordance with the DTT para (n) - B.

Ozone Protection Act 1989

1.637. This amends in accordance with the DTT.

1.638. This amends in accordance with the DTT.

1.639. This amends in accordance with the DTT para (n) - B.

Parliamentary Contributory Superannuation Act 1948

1.640. This item amends paragraph (d) of the definition of ‘holder of an office of profit under the Commonwealth’ in subsection 21B(1) of the PCS Act to take into account the terminology of the PS Bill. This amendment has no effect on the current operation of s.21B.

Parliamentary Counsel Act 1970

1.641. This removes a reference to 1922 PSA s.87E for First Parliamentary Counsel and Second Parliamentary Counsel.

1.642. This changes the APS staffing provisions for the Office of Parliamentary Counsel (s.16 of that Act).

1.643. As above.

Patents Act 1990

1.644. This amends in accordance with the DTT.

1.645. This amends in accordance with the DTT.

Petroleum Excise (Prices) Act 1987

1.646. This amends in accordance with the DTT.

Petroleum Resource Rent Tax Assessment Act 1987

1.647. This amends in accordance with the DTT.

Pipeline Authority Act 1973

1.648. This removes a reference to 1922 PSA s.87E for the CEO.

Plant Breeders’ Rights Act 1994

1.649. This amends in accordance with the DTT para (n) - B.

Pooled Development Funds Act 1992

1.650. This amends in accordance with the DTT.

Prawn Export Promotion Act 1995

1.651. This amends in accordance with the DTT.

Prices Surveillance Act 1983

1.652. This amends in accordance with the DTT.

Primary Industries Levies and Charges Collection Act 1991

1.653. This amends in accordance with the DTT.

Privacy Act 1988

1.654. This amends the definition of ‘Commonwealth officer’ (in s.6 of the Act) in accordance with the DTT.

1.655. This amends in accordance with the DTT.

1.656. This amends in accordance with the DTT.

1.657. This removes a reference to 1922 PSA s.87E for the Privacy Commissioner.

1.658. This enables complaints to be referred to the Public Service Commissioner.

1.659. As above.

1.660. As above.

1.661. As above.

1.662. As above.

Proceeds of Crime Act 1987

1.663. This amends in accordance with the DTT.

Protection of Movable Cultural Heritage Act 1986

1.664. This amends in accordance with the DTT.

Public Lending Right Act 1985

1.665. This amends in accordance with the DTT.

Public Service Act 1922

1.666. This repeals the whole of 1922 PSA.

Qantas Sale Act 1992

1.667. This amends in accordance with the DTT para (n) - B.

1.668. This removes a provision, consequent on the preceding amendment.

1.669. This replaces references to the MP(AGE)A and the 1922 PSA with a reference to the PS Bill.

1.670. This amends in accordance with the DTT para (n) - B.

1.671. This amends in accordance with the DTT para (n) - B.

Racial Discrimination Act 1975

1.672. This removes a reference to 1922 PSA s.87E.

Radiocommunications Act 1992

1.673. This amends in accordance with the DTT.

1.674. This amends in accordance with the DTT.

1.675. This removes a reference to 1922 PSA s.87E.

Referendum (Machinery Provisions) Act 1984

1.676. This amends in accordance with the DTT.

1.677. This amends in accordance with the DTT.

1.678. This amends in accordance with the DTT.

1.679. This amends in accordance with the DTT.

Registration of Deaths Abroad Act 1984

1.680. This amends in accordance with the DTT para (d).

1.681. This amends in accordance with the DTT para (d).

1.682. This amends the delegation provision (in s.26 of the Act) in accordance with the DTT para (d).

Remuneration and Allowances Act 1990

1.683. This inserts a regulation making power which is needed to prescribe a classification for the purposes of Schedule 3 to that Act.

1.684. This amends in accordance with the DTT.

1.685. This amends in accordance with the DTT.

1.686. Schedule 3 of the Remuneration and Allowances Act 1990 links the remuneration of MPs to the minimum salary payable to an SES Band 2 officer. The amendments are being made following changes to the arrangements for setting SES salaries, so that this linkage will in future be made to a principal executive classification prescribed by the regulation. Principal executive classifications are to be determined by the Remuneration Tribunal for the purpose of setting the remuneration of statutory offices. They will be subject to regular review in accordance with the Remuneration Tribunal Act 1973.

Remuneration Tribunal Act 1973

1.687. The amendments expand the functions of the Remuneration Tribunal to include an additional function for it to determine a classification structure for principal executive offices. The Tribunal is already empowered to give advice on the remuneration of executive offices and these amendments allow the range of offices that can be placed under this provision to be expanded by authorising the employing body to determine the terms and conditions applying to the offices and to override other provisions for this purpose. The employing body is required to obtain advice from the Tribunal if it wishes to make a determination which is not consistent with the Tribunal’s principal executive office classifications.

1.688. As above.

1.689. As above.

1.690. As above.

1.691. As above.

1.692. As above.

Repatriation Institutions (Transfer) Act 1992

1.693. This repeals definitions of ‘employee’ and ‘officer’ that are no longer required.

1.694. As above.

1.695. This amends in accordance with the DTT.

1.696. This amends in accordance with the DTT para (o) - B.

1.697. This amends in accordance with the DTT para (o) - B.

1.698. This removes a reference to a 1922 PSA provision.

1.699. This removes a Part IV mobility provision.

Reserve Bank Act 1959

1.700. This amends in accordance with the DTT.

Retirement Savings Accounts Act 1997

1.701. This amends in accordance with the DTT.

Roads Grants Act 1974

1.702. This amends in accordance with the DTT.

Roads Grants Act 1980

1.703. This amends in accordance with the DTT.

Roads Grants Act 1981

1.704. This amends in accordance with the DTT.

Rural Adjustment Act 1956

1.705. This amends in accordance with the DTT para (n) - B.

1.706. This amends in accordance with the DTT para (n) - B.

Rural Industries Research Act 1985

1.707. This amends in accordance with the DTT.

1.708. This amends in accordance with the DTT.

Safety, Rehabilitation and Compensation Act 1988

1.709. This removes a reference to 1922 PSA s.87E for the CEO.

1.710. This amends in accordance with the DTT.

1.711. This changes the APS staffing provisions for Comcare Australia (s.88 of that Act).

1.712. As above.

1.713. As above.

1.714. As above.

Science and Industry Research Act 1949

1.715. This removes a reference to 1922 PSA s.87E for the Chief Executive.

Seafarers Rehabilitation and Compensation Act 1992

1.716. This amends a delegation provision in accordance with the DTT.

Seafarers Rehabilitation and Compensation Levy Collection Act 1992

1.717. This amends the provision for the appointment of authorised persons (under s.11 of the Act) in accordance with the DTT.

1.718. This amends a delegation provision in accordance with the DTT.

Sea Installations Act 1987

1.719. This amends in accordance with the DTT.

Sex Discrimination Act 1984

1.720. This amends in accordance with the DTT.

1.721. This amends in accordance with the DTT.

1.722. This removes a reference (in s.99 of that Act) to 1922 PSA s.87E.

Shipping Registration Act 1981

1.723. This omits a definition of ‘employee’ that is not now required with all APS staff being employees.

1.724. This amends a delegation power in s.52 of that Act in accordance with the DTT.

1.725. This amends a delegation power in s.53 that Act in accordance with the DTT.

Ships (Capital Grants) Act 1987

1.726. This amends a delegation power (in s.36 of that Act) in accordance with the DTT.

Snowy Mountains Engineering Corporation Limited Sale Act 1993

1.727. This amends in accordance with the DTT para (n) - B.

1.728. This amends in accordance with the DTT para (n) - B.

Snow Mountains Hydro-Electric Power Act 1949

1.729. This removes a reference to 1922 PSA s.87E for a Full-Time Commissioner and for a Full-Time Associate Commissioner.

Social Security Act 1991

1.730. This removes a reference to 1922 PSA s.87E.

1.731. This amends in accordance with the DTT.

Social Welfare Commission (Repeal) Act 1976

1.732. This amends in accordance with the DTT.

Special Broadcasting Service Act 1991

1.733. This removes a reference to 1922 PSA s.87E for the Managing Director.

1.734. This removes a Part IV mobility provision.

Special Prosecutors Act 1982

1.735. This amends in accordance with the DTT para (d) - B.

States Grants (Education Assistance-Participation and Equity) Act 1983

1.736. This amends in accordance with the DTT para (f) - B.

States Grants (Petroleum Products) Act 1965

1.737. This amends in accordance with the DTT para (f) - B.

1.738. This amends in accordance with the DTT para (f) - B.

1.739. This amends in accordance with the DTT.

1.740. This amends in accordance with the DTT.

States Grants (Roads) Act 1977

1.741. This amends in accordance with the DTT para (f) - B.

States Grants (Schools Assistance) Act 1983

1.742. This amends in accordance with the DTT para (f) - B.

States Grants (Schools Assistance) Act 1984

1.743. This amends in accordance with the DTT para (f) - B.

Stevedoring Industry Charge Assessment Act 1947

1.744. This amends in accordance with the DTT.

Student and Youth Assistance Act 1973

1.745. This amends in accordance with the DTT.

Superannuation Act 1976

1.746. These items amend subsection 3(1) of the 1976 Act to provide definitions of the terms ‘APS Agency’ and ‘APS employee’ for the purposes of the Act.

1.747. As above.

1.748. This item amends the definitions of ‘permanent employee’ and ‘temporary employee’ included in subsection 3 of the 1990 Act which included references to officers and employees under the 1922 PSA. These amendments arise from the removal of the distinction between ‘officer’ and ‘employee’ contained in the 1922 PSA.

1.749. This item amends the existing definition of the ‘Public Service Act’ contained in subsection 3(1) of the 1976 Act so that it refers to the PS Bill.

1.750. See item on definition of ‘permanent employee’.

1.751. This item repeals the definition of ‘Department’ included in subsection 3C(2) of the 1976 Act and replaces it with a definition that relates to the terminology in the PS Bill and recognises that the Parliamentary Departments will not be staff under that Bill.

1.752. These items amend section 14A of the 1976 Act which includes a number of references to the 1922 PSA. Section 14A has a number of purposes. Along with paragraph (ea) of the definition of ‘eligible employee’ contained in subsection 3(1) of the Act it provides for certain persons to be CSS members and describes when they cease to be members. These include persons covered by Part IV of the 1922 PSA. In addition, the section allows modification of the Act by regulations, in relation to classes of persons covered by the section. For example, it allows for the Act to be modified in respect of certain reappointed or re employed persons who were previously CSS members. These items amend section 14A in order to remove references to provisions in the 1922 PSA that are to be reproduced in the PS Bill. The amendments also allow the modifications made under the section to continue to apply.

1.753. As above.

1.754. As above.

1.755. As above.

1.756. As above.

1.757. As above.

1.758. As above.

1.759. As above.

1.760. As above.

1.761. As above.

1.762. Section 16A is a historic provision that refers to a repealed provision of the 1922 PSA. This item amends the section to ensure that it continues to refer to the 1922 PSA.

1.763. This removes a reference to 1922 PSA s.87E.

1.764. This changes the APS staffing provisions for ComSuper (s.26 of that Act).

1.765. As above.

1.766. This item amends subparagraph 51(2)(f)(i) of the 1976 Act to reflect the terminology contained in the PS Bill.

1.767. This item amends the definition of ‘fixed term employee’ contained in subsection 57B(1) of the 1976 Act to describe a Secretary appointed on a fixed term by reference to the PS Bill. As all Secretaries holding appointments under the 1922 PSA at the commencement of the PS Bill will be deemed by the CTA Bill to be appointed under the PS Bill, the amendment makes it clear that a person who holds an appointment under the 1922 PSA other than a fixed term basis is not a fixed term employee.

1.768. These items amend s-sec.57BB(2) of the 1976 Act to replace a reference to a specific provision of the 1922 PSA with a reference to another equivalent provision in the PS Bill and amend the wording as a consequence of that replacement.

1.769. As above.

1.770. This item amends s-sec.57B(3) to ensure that an existing reference to the 1922 PSA continues to refer to that Act rather than the PS Bill.

1.771. These items all amend subsection 58(3) of the 1976 Act which prescribes many of the circumstances in which a person is deemed to have retired involuntarily and hence becomes entitled to involuntary retirement benefits under the Act. Many of the circumstances are described by reference to specific provisions of the 1922 PSA. The amendments are intended to ensure that the same circumstances are recognised as involuntary retirement after the amendments as before the amendments and therefore do not interfere with any members’ entitlement to involuntary retirement benefits. In some cases a reference to a specific provision in the 1922 PSA is replaced with a reference to an equivalent provision in the PS Bill. In other circumstances it has been necessary to provide for termination on a ground similar to a ground in a specific provision of the 1922 PSA if it had continued in force. Existing paragraph 58(3)(h) allows for the circumstances that are recognised as involuntary retirement to be expanded in regulations but is limited to retirement other than under the 1922 PSA. Paragraph 58(3)(h) is amended to allow regulations in respect of retirement and termination under the PS Bill as well as in other circumstances.

1.772. As above.

1.773. As above.

1.774. As above.

1.775. As above.

1.776. As above.

1.777. These items replace s-paras 58A(1)(c)(i) and 58B(1)(c)(i) of the 1976 Act to reflect the terminology of the PS Bill.

1.778. As above.

1.779. This item replaces s.120 of the 1976 Act to replace a reference to section 47C of the 1922 PSA with a reference to cl.32 of the PS Bill.

1.780. This item amends s-sec.125(3) of the 1976 Act to allow bodies to be prescribed for the purposes of the section under the 1976 Act rather than under the 1922 PSA.

1.781. These items amend s-para 159(1)(b)(i), subsection 160(8), paragraph 163A(1)(b) and subsection 167(2) of the 1976 Act to reflect the terminology of the PS Bill.

1.782. As above.

1.783. As above.

1.784. As above.

1.785. This item amends section 244 of the 1976 Act to ensure that existing references to the 1922 PSA continue to refer to that Act rather than the PS Bill.

Superannuation Act 1990

1.786. These items amend the definitions of ‘permanent employee’ and ‘temporary employee’ included in section 3 of the 1990 Act which included references to officers and employees under the 1922 PSA. These amendments arise from the removal of the distinction between ‘officer’ and ‘employee’ contained in the 1922 PSA.

1.787. As above.

1.788. This item repeals the definition of ‘Department’ included in s-sec.3AA(2) of the 1990 Act and replaces it with a definition that relates to the terminology in the PS Bill and recognises that the Parliamentary Departments will not be staffed under that Bill.

1.789. This item repeals paragraph 6(1)(h) of the 1990 Act as a consequence of the repeal of Part IV of the 1922 PSA.

1.790. These items amend subparagraph 19(1)(b)(i), subparagraph (a)(i) of the definition of ‘declared authority’ in subsection 35(4) and subparagraph 36(c)(i) of the 1990 Act respectively, to reflect the terminology of the PS Bill.

1.791. As above.

1.792. As above.

Superannuation Benefits (Supervisory Mechanisms) Act 1990

1.793. This item amends the definition of ‘overseas employee’ in subsection 3(1) of the Supervisory Mechanisms Act to replace a reference to a specific provision in the 1922 PSA with an equivalent provision in the PS Bill.

1.794. This item amends s-sec.6(6) of the Supervisory Mechanisms Act to take into account the terminology of the PS Bill.

Superannuation Entities (Taxation) Act 1987

1.795. This amends in accordance with the DTT.

Superannuation Guarantee (Administration) Act 1992

1.796. This amends in accordance with the DTT.

1.797. This amends in accordance with the DTT.

Superannuation Industry (Supervision) Act 1993

1.798. This amends the definition of ‘authorised officer’ in accordance with the DTT.

Superannuation (Productivity Benefit) Act 1988

1.799. This item repeals the definition of ‘Department’ included in s-sec.3(1) of the Act (PB Act) and replaces it with a definition that relates to the terminology in the PS Bill and recognises that the Parliamentary Departments will not be staffed under that Bill.

1.800. These items amend the definitions of ‘permanent employee’ and ‘temporary employee’ included in s-sec.3(1) of the PB Act which included references to officers and employees under the 1922 PSA. These amendments arise from the removal of the distinction between ‘officer’ and ‘employee’ contained in the 1922 PSA.

1.801. As above.

1.802. The item amends the existing definition of the ‘Public Service Act’ contained in s-sec.3(1) of the PB Act so that it refers to the PS Bill.

1.803. These items amend the definition of ‘qualified employee’ in s-sec.3(1) of the PB Act which included references to officers and employees under the 1922 PSA. These amendments arise from the removal of the distinction between ‘officer’ and ‘employee’ contained in the 1922 PSA.

1.804. As above.

Superannuation (Resolution of Complaints) Act 1993

1.805. This removes a reference to 1922 PSA s.87E for the Chairperson and Deputy Chairperson.

1.806. This amends in accordance with the DTT para (d) - B.

Taxation Administration Act 1953

1.807. This amends in accordance with the DTT.

1.808. This changes the APS staffing provisions for the Australian Taxation Office (new s.4A of that Act).

1.809. This amends in accordance with the DTT para (k).

1.810. This removes a reference to 1922 PSA s.87E for the Commissioner and Second Commissioner of Taxation.

1.811. This amends in accordance with the DTT.

Telecommunications Act 1991

1.812. This amends in accordance with the DTT para (n) - B.

1.813. This removes a provision consequent on the preceding amendment.

Telecommunications (Interception) Act 1979

1.814. This amends in accordance with the DTT para (n) - B.

Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997

1.815. This amends in accordance with the DTT para (n) - B.

1.816. This removes a provision consequent on the preceding amendment.

1.817. This amends in accordance with the DTT para (n) - B.

1.818. This removes a provision consequent on the preceding amendment.

Telstra Corporation Act 1991

1.819. This amends a delegation provision (in s.8BB of that Act) in accordance with the DTT.

1.820. This amends a delegation provision (in s.8BB of that Act) in accordance with the DTT.

1.821. This amends a delegation provision (in s.8CB of that Act) in accordance with the DTT.

1.822. This amends a delegation provision (in s.8CB of that Act) in accordance with the DTT.

Therapeutic Goods Act 1989

1.823. This removes a reference to 1922 PSA s-sec.39(6).

1.824. This converts the 1922 PSA terminology for APS agencies to the terminology in the PS Bill.

1.825. As above.

Tobacco Charges Assessment Act 1955

1.826. This amends in accordance with the DTT.

Trade Marks Act 1955

1.827. This amends in accordance with the DTT.

1.828. This amends the definition of ‘trade marks officer’ to reflect the fact that the PS Bill does not use the concept of office in relation to APS employees.

1.829. As above.

1.830. This amends in accordance with the DTT para (o) - A.

Trade Practices Act 1974

1.831. This removes a reference to 1922 PSA s.87E.

1.832. This changes the APS staffing provisions for the Australian Competition and Consumer Commission (s.27 of that Act).

1.833. As above.

1.834. This removes a reference to 1922 PSA s.87E.

1.835. This changes the APS staffing provisions for the National Competition Council (s.29M of that Act).

1.836. As above.

1.837. This amends in accordance with the DTT para (d) - B.

1.838. This amends in accordance with the DTT para (d) - A.

1.839. This amends in accordance with the DTT para (f) - B.

1.840. This amends in accordance with the DTT para (d) - B.

1.841. This amends in accordance with the DTT para (f) - B.

1.842. This amends in accordance with the DTT.

Trade Representatives Act 1933

1.843. This amends in accordance with the DTT.

1.844. This amends in accordance with the DTT.

1.845. This amends in accordance with the DTT.

1.846. This converts a reference to a 1922 PSA s.82D determination to a corresponding determination under cl.24 of the PS Bill.

1.847. This amends in accordance with the DTT.

Transport (Planning and Research) Act 1974

1.848. This amends in accordance with the DTT.

Transport Planning and Research (Financial Assistance) Act 1977

1.849. This amends in accordance with the DTT.

Veterans’ Entitlements Act 1986

1.850. This amends in accordance with the DTT.

1.851. This removes a reference to 1922 PSA s.87E for a Full-Time Member.

1.852. This amends s.172 of that Act in accordance with the DTT para (d) - B.

1.853. This amends s.184 of that Act in accordance with the DTT para (k).

1.854. This removes a Part IV mobility provision (in s.184 of that Act).

1.855. As above.

1.856. As above.

1.857. This removes a reference to 1922 PSA s.87E.

1.858. This amends in accordance with the DTT para (k).

1.859. This amends in accordance with the DTT para (d) - B.

1.860. This amends in accordance with the DTT para (d) - B.

1.861. This amends in accordance with the DTT para (d) - B.

1.862. This amends in accordance with the DTT para (d) - A.

1.863. This amends in accordance with the DTT para (d) - A.

1.864. This amends in accordance with the DTT para (d) - A.

War Graves Act 1980

1.865. This removes a reference to 1922 PSA s.87E for the Director.

Wet Tropics of Queensland World Heritage Area Conservation Act 1944

1.866. This amends in accordance with the DTT.

Wheat Marketing Act 1989

1.867. This changes the definition of ‘designated group’ for EEO purposes from that contained in 1922 PSA to the definition that will be included in the Directions by the Public Service Commissioner under the PS Bill.

Wildlife Protection (Regulation of Exports and Imports) Act 1982

1.868. This amends in accordance with the DTT.

Williamstown Dockyard Employees Act 1987

1.869. This amends in accordance with the DTT.

1.870. This amends in accordance with the DTT.

Wool International Act 1993

1.871. This changes the definition of ‘designated group’ for EEO purposes from that contained in 1922 PSA to the definition that will be included in the Directions by the Public Service Commissioner under the PS Bill.

Wool Tax (Administration) Act 1964

1.872. This amends in accordance with the DTT.

Workplace Relations Act 1996

1.873. This amends in accordance with the DTT para (k).

1.874. This removes a reference to 1922 PSA s.87E for a Commissioner of the AIRC.

1.875. This removes a reference to 1922 PSA s.87E for the Industrial Registrar.

1.876. This changes the APS staffing provisions for the Industrial Registrar (under s.83 of that Act).

1.877. As above.

1.878. This amends in accordance with the DTT para (d) - B.

1.879. This removes a reference to 1922 PSA s.87E for the Employment Advocate.

1.880. This amends in accordance with the DTT para (d) - B.

1.881. This converts references to the arrangements under 1922 PSA s.78 with the State or Territories to the corresponding arrangements under cl.64 of the PS Bill.

1.882. This amends in accordance with the DTT.

1.883. This converts the terminology of the 1922 PSA to the terminology in the PS Bill.

Attachments
ATTACHMENT A
List of references to 1922 PSA s.87E

• Aboriginal and Torres Strait Islander Commission Act 1989 s.35 - Commissioner;

• Aboriginal and Torres Strait Islander Commission Act 1989 s.49 - Chief Executive Officer;

• Aboriginal and Torres Strait Islander Commission Act 1989 s.77C - Director of Evaluation and Audit;

• Aboriginal and Torres Strait Islander Commission Act 1989 s.124E - Administrator;

• Aboriginal and Torres Strait Islander Commission Act 1989 s.127D - Chairperson of a Regional Council;

• Aboriginal and Torres Strait Islander Commission Act 1989 s.143Z - TSRA Chairperson;

• Aboriginal and Torres Strait Islander Commission Act 1989 s.144K - TSRA General Manager;

• Aboriginal and Torres Strait Islander Commission Act 1989 s.144ZK - TSRA Administrator;

• Aboriginal and Torres Strait Islander Commission Act 1989 s.192D - Indigenous Land Corporation Chairperson;

• Administrative Appeals Tribunal Act 1975 s.12 - Full-Time Member;

• Administrative Appeals Tribunal Act 1975 s.24G - Registrar;

• Agricultural and Veterinary Chemicals (Administration) Act 1992 s.39 - Chief Executive;

• Air Services Act 1995 s.30 - Chairperson;

• Anti-Dumping Authority Act 1988 s.18 - Full-Time Member;

• Audit Act 1901 s.4A - Auditor-General;

• Australia Council Act 1975 s.12 - Chairperson;

• Australia Council Act 1975 s.19C - General Manager;

• Australian Broadcasting Corporation Act 1983 s.14A - Managing Director;

• Australian Broadcasting Corporation Act 1983 s.14A - Chairperson;

• Australian Capital Territory (Planning and Land Management) Act 1988 s.38 - Full-Time Member;

• Australian Centre for International Agricultural Research Act 1982 s.26 - Director;

• Australian Communications Authority Act 1997 s.35 - Full-Time Member or Full-Time Associate Member;

• Australian Federal Police Act 1979 s.21 - Commissioner;

• Australian Film Commission Act 1975 s.18 - Full-Time Member;

• Australian Film, Television and Radio School Act 1973 s.17 - Full-Time Member;

• Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 s.45A - Holder of an Office;

• Australian Institute of Health and Welfare Act 1987 s.11 - Full-Time Member;

• Australian Institute of Marine Science Act 1972 s.25 - Director;

• Australian Law Reform Commission Act 1996 s.19 - Full-Time Members;

• Australian Maritime Safety Authority Act 1990 s.51A - Chief Executive;

• Australian Maritime Safety Authority Act 1990 s.17 - Chairperson;

• Australian National Maritime Museum Act 1990 s.34 - Director;

• Australian National Training Authority Act 1992 s.30 - Full-Time Member;

• Australian National Training Authority Act 1992 s.43 - Chief Executive Officer;

• Australian Science and Technology Council Act 1978 s.13 - Full-Time Chairperson and Full-Time Deputy Chairperson;

• Australian Securities Commission Act 1989 s.113 - Full-Time Member;

• Australian Securities Commission Act 1989 s.180 - Full-Time Member;

• Australian Security Intelligence Organization Act 1979 s.11 - Director-General;

• Australian Sports Commission Act 1989 s.14 - Member;

• Australian Sports Commission Act 1989 s.35 - Executive Director;

• Australian Tourist Commission Act 1987 s.18 - Chairperson;

• Australian Tourist Commission Act 1987 s.36 - Managing Director;

• Australian Trade Commission Act 1985 s.57 - Managing Director and Deputy Managing Director;

• Australian War Memorial Act 1980 s.23 - Director;

• Civil Aviation Act 1988 s.37 - Chairperson;

• Classification (Publications, Films and Computer Games) Act 1995 s.61 - Member;

• Commonwealth Electoral Act 1918 s.23 - Electoral Officer;

• Commonwealth Grants Commission Act 1973 s.10 - Full-Time Member;

• Construction Industry Reform and Development Act 1992 s.38 - Chief Executive Officer;

• Council for Aboriginal Reconciliation Act 1991 s.20 - Full-Time Chairperson;

• Criminology Research Act 1971 s.19 - Director;

• Customs Administration Act 1985 s.9 - CEO;

• Defence Housing Authority Act 1987 s.51 - Managing Director;

• Development Allowance Authority Act 1992 s.103 - full-time DAA;

• Director of Public Prosecutions Act 1983 s.20 - Director and Associate Director;

• Disability Discrimination Act 1992 s.116 - Commissioner;

• Economic Planning Advisory Commission Act 1983 s.11 - Commissioner;

• Employment, Education and Training Act 1988 s.17 - Full-Time Member of the Board;

• Employment, Education and Training Act 1988 s.35C - Chairperson of a Council;

• Employment Services Act 1994 s.98 - ESRA Chief Executive Officer;

• Employment Services Act 1994 s.98 - ESRA Board Member;

• Family Law Act 1975 s.26JA - Full-Time Judicial Registrar;

• Family Law Act 1975 s.38G - Chief Executive Officer;

• Family Law Act 1975 s.114G - Director;

• Federal Airports Corporation Act 1986 s.17 - Chairperson;

• Federal Court of Australia Act 1976 s.18G - Registrar;

• Federal Court of Australia Act 1976 s.37F - Full-Time Assessor;

• Financial Transaction Reports Act 1988 s.36B - Director;

• Great Barrier Reef Marine Park Act 1975 s.13 - Chairperson;

• Health Insurance Commission Act 1973 s.23 - Managing Director;

• High Court of Australia Act 1979 s.22 - Chief Executive and Principal Registrar;

• Human Rights and Equal Opportunity Commission Act 1986 s.39 - Full-Time Member;

• Human Rights and Equal Opportunity Commission Act 1986 s.46F - Commissioner;

• Industrial Chemicals (Notification and Assessment) Act 1989 s.94 - Director;

• Industry Commission Act 1989 s.34 - Commissioner;

• Inspector-General of Intelligence and Security Act 1986 s.28 - Inspector-General;

• Insurance and Superannuation Commissioner Act 1987 s.9 - Commissioner;

• International Air Services Commission Act 1992 s.44 - Member;

• Law Reform Commission Act 1973 s.19 - Full-Time Member;

• Maritime Safety Authority Act 1990 s.17 - Chairperson;

• Merit Protection (Australian Government Employees) Act 1984 s.66 - Merit Protection Commissioner;

• National Crime Authority Act 1984 s.40 - Member;

• National Environment Protection Council Act 1994 s.43 - NEPC Executive Officer;

• National Gallery Act 1975 s.28 - Director;

• National Health Act 1953 s.82PEA - Commissioner;

• National Health Act 1953 s.82PN - Director;

• National Health Act 1953 s.82ZUD - Complaints Commissioner;

• National Health and Medical Research Council Act 1992 s.26 - Chairperson;

• National Library Act 1960 s.17B - Full-Time Member;

• National Museum of Australia Act 1980 s.26 - Director;

• National Occupational Health and Safety Commission Act 1985 s.32 - Director;

• National Occupational Health and Safety Commission Act 1985 s.12 - Chief Executive Officer;

• National Parks and Wildlife Conservation Act 1975 s.26 - Director;

• National Road Transport Commission Act 1991 s.29 - Chief Executive Officer;

• Native Title Act 1993 s.102 - Registrar;

• Native Title Act 1993 s.117 Full-Time Member;

• Nuclear Non-Proliferation (Safeguards) Act 1987 s.46 - Director;

• Nuclear Science and Technology Organisation Act 1987 s.21A - Executive Director;

• Nuclear Science and Technology Organisation Act 1987 s.37J - Director;

• Office of National Assessments Act 1977 s.13 - Director-General;

• Ombudsman Act 1976 s.25 - Ombudsman;

• Parliamentary Counsel Act 1970 s.7 - First Parliamentary Counsel and Second Parliamentary Counsel;

• Pipeline Authority Act 1973 s.8 - Chief Executive Officer;

• Privacy Act 1988 s.22 - Privacy Commissioner;

• Public Service Act 1922 s.13 - Public Service Commissioner;

• Racial Discrimination Act 1975 s.32 - Commissioner;

• Radiocommunications Act 1992 s.248 - Spectrum Manager;

• Resource Assessment Commission Act 1989 s.49 - Full-Time Commissioner;

• Safety Rehabilitation and Compensation Act 1988 s.81 - Chief Executive Officer;

• Science and Industry Research Act 1949 s.10C - Chief Executive;

• Sex Discrimination Act 1984 s.99 - Commissioner;

• Snowy Mountains Hydro-Electric Power Act 1949 s.11 - Full-Time Commissioner and Full-Time Associate Commissioner;

• Special Broadcasting Service Act 1991 s.34 - Managing Director;

• Superannuation Act 1976 s.21 - Commissioner;

• Superannuation (Resolution of Complaints) Act 1993 s.51 - Tribunal Chairperson and Deputy Chairperson;

• Taxation Administration Act 1953 s.6 - Commissioner of Taxation and a Second Commissioner of Taxation;

• Textiles, Clothing and Footwear Development Authority Act 1988 s.18 - Full-Time Member;

• Trade Practices Act 1974 s.12 - Member of the Commission

• Trade Practices Act 1974 s.29G - Full-Time Councillor;

• War Graves Act 1980 s.7 - Director;

• Workplace Relations Act 1996 s.26 - Commissioner

• Workplace Relations Act 1996 s.72 - Industrial Registrar

• Workplace Relations Act 1996 s.83BL - Employment Advocate;

ATTACHMENT B

Default translation table

The following current provisions have been given the following default translations

(a) Current provision: s.87E of the Public Service Act 1922;

Default translation: Omit (see comments in Ex Memo on cl.3, above);

(b) Current provision: Department within the meaning of 1922 PSA

Default translation: Agency within the meaning of PS Bill (Parliamentary Departments added in by CTA Bill cl.12);

(c) Current provision: Secretary within the meaning of 1922 PSA

Default translation: Agency Head within the meaning of PS Bill (Heads of Parliamentary Departments added in by CTA Bill cl.12);

(d) Current provision: Officer or employee appointed or employed under 1922 PSA; officer or employee of the APS; person appointed or employed under 1922 PSA; person employed under 1922 PSA; member of the APS

Default translation:
A - person appointed or engaged under 97PSA (1922 PSA Secretary is a 1922 PSA ‘officer’)
B - person engaged under PS Bill (i.e., an APS employee but not an Agency Head);

(e) Current provision: officer or employee of a Department

Default translation:
A - person appointed or engaged under PS Bill or
B - do not amend - depending on whether this refers to 1922 PSA ‘Department’ (see s.7) or to a Department of State;

(f) Current provision: officer appointed under 1922 PSA; person appointed under 1922 PSA; officer of the APS

Default translation:
A - APS employee under PS Bill or
B - person appointed or engaged under PS Bill;

(g) Current provision: employee employed under 1922 PSA; employee under 1922 PSA; employee of APS

Default translation: Person engaged under PS Bill;

(h) Current provision: a Department

Default translation:
A - PS Bill Agency or
B - Do not amend where this refers to a Department of State;

(i) Current provision: APS (in contexts not covered above)

No default translation;

(j) Current provision: the public service

No default translation;

(k) Current provision: 1922 PSA - ongoing

Default translation: PS Bill (i.e. Public Service Act 1997);

(l) Current provision: 1922 PSA - historical

Default translation:
A - retain or
B - omit provision (where needed to get different result from retaining);

(m) Current provision: 1922 PSA - changed policy

Default translation:
A - omit provision or
B - replace to reflect new policy;

(n) Current provision: Senior Executive Service Officer and variants

Default translation:
A - an SES employee within the meaning of PS Bill or
B - an SES employee or acting SES employee within the meaning of PS Bill;

(o) Current provision: office in the Australian Public Service

Default translation:
A - position in the APS or
B - office or position in the APS.


The following provisions in existing legislation remain unchanged unless required by specific context

(a) ‘appointed, appointment’ (general references not mentioning 1922 PSA etc.) - assumed that these words are wide enough to include ‘engaged’ under PS Bill;

(b) ‘Department of State’;

(c) officers or employees (in contexts that cover both APS and non-APS) - this form is common in ‘make available’ provisions;

(d) ‘the Minister’;

(e) ‘officer’ (general reference) - covered by CTA Bill cl.13;

(f) ‘Officer of the Commonwealth’ - covered by CTA Bill cl.13;

(g) ‘officer/employee’ of specified Department - covered by CTA Bill cl.13;

(h) ‘Presiding Officer’;

(i) ‘Parliamentary Department’;

(j) ‘Secretary to’ a Department - covered by CTA Bill cl.12 - change ‘to’ to ‘of’ only if within text otherwise being replaced;

(k) ‘Secretary’ to a Department of State;

(l) ‘the Department’ (general reference) - covered by CTA Bill cl.13; the reference is expanded by AIA 19A(3);

(m) person ‘occupying, holding’ etc. an office in a particular Department (e.g. the Department) - covered by CTA Bill cl.13;

(n) an ‘office’ in a particular Department - covered by CTA Bill cl.13;

(o) an ‘office’ (general reference) - covered by CTA Bill cl.13.

ATTACHMENT C

Abbreviations

1922 PSA Public Service Act 1922

1994 M^cLeod Report Report of the Public Service Act Review Group (chaired by Mr RN M^cLeod - December 1994)

ADMF Paper Paper: ‘Accountability in a Devolved Management Framework’ issued by the PSMPC and the DIR (May 1997)

AIA Acts Interpretation Act

APS Australian Public Service

AWA Australian Workplace Agreements provided for in WRA

BP APS Paper Paper: ‘Towards a Best Practice APS’ issued by The Hon Peter Reith, MP (November 1996)

CEO Chief Executive Officer

CTA Bill Public Employment (Consequential and Transitional) Amendment Bill 1997

CTA Regs Consequential and Transitional Regulations made under CTA Bill

DIR Department of Industrial Relations

Ex Memo The Explanatory Memorandum circulated with the Public Employment (Consequential and Transitional) Amendment Bill 1997

FMA Bill Financial Management and Accountability Bill 1997

MP(AGE)A Merit Protection (Australian Government Employees) Act 1984

PS Bill Public Service Bill 1997

SES Senior Executive Service

WRA Workplace Relations Act 1996

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